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01 Parked in a restricted street during prescribed hours DYL LB Croydon Council, DYL
PCNdestroyer
post Sun, 25 Sep 2022 - 15:25
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From: Croydon
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Hi all here I am again with Croydon council who we all know are bankrupt and desperately in need of money. I was parked on a SYL with the rear of my car wheel on the T bar of a DYL. Now there was a car parked in front of me at the time and it was night time I thought I was good as I usually park that spot no problem. In the morning I'm issued a ticket stating contravention 01 Parked in a restricted street during prescribed hours.

I think they are being extremely petty and overzealous I wanted to grab some opinions as I intend to fight this.

Do you think I have grounds for De minimus in this situation? I will attach pcn, gsv and photo links that the CEO took, which I don't think are particularly good of the alleged contravention if you ask me.

Thanks

GSV LINK

PCN FRONT

PCN BACK

pic1
pic2
pic3
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post Sun, 25 Sep 2022 - 15:25
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PCNdestroyer
post Sun, 16 Oct 2022 - 08:56
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QUOTE (Gert @ Sun, 16 Oct 2022 - 07:36) *
I thought the issue was only the DYL terminal marker where the single yellow was unrestricted. The rejection reads like a straight forward restricted SYL in a CPZ contravention.

No doubt on the SYL parking. So what are the times of the restrictions? Why were you parked there at that time?

I wouldn't set any store yet on a failure to consider "get out of jail" card. That was the informal stage, which by its very name is meant to be light touch. Leaving it to after getting the NtO allows them to provide a full consideration next time. If they don't, then that is when you can play the failure to consider card.

If the 0845 number is unlikely to win an Adjudicator over AND the SYL is bang to rights AND with no exemptions available AND zone gateway signs confirmed in place, I'd pay it now.


Yes originally for a DYL now they have changed it to a SYL restriction, of which there wasn't one at the time (Mon to Sat 7am to 7pm). I was parked there from Saturday evening after 7pm and ticketed on the 18th the Sunday morning 10.45am.

So with that in mind, according to Croydon council i was ticketed for parking on a SYL and not on a DYL. So in theory all i should have to do at next stage is go down the route of no contravention occured and take a picture of the yellow line signage as the lines are not governed by zones, am i correct in thinking that or is that too easy a get out ?
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cp8759
post Mon, 17 Oct 2022 - 14:22
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QUOTE (Gert @ Sun, 16 Oct 2022 - 08:36) *
If the 0845 number is unlikely to win an Adjudicator over AND the SYL is bang to rights AND with no exemptions available AND zone gateway signs confirmed in place, I'd pay it now.

I wouldn't: as Glacier2 notes above, we now have a failure to consider (and the 0845 ground has won before).

QUOTE (PCNdestroyer @ Sun, 16 Oct 2022 - 09:56) *
So with that in mind, according to Croydon council i was ticketed for parking on a SYL and not on a DYL. So in theory all i should have to do at next stage is go down the route of no contravention occured and take a picture of the yellow line signage as the lines are not governed by zones, am i correct in thinking that or is that too easy a get out ?

To be honest when you get the NTO I would just send in a one-line rep:
For the reasons previously stated, the penalty demanded exceeds the amount due in the circumstances of the case. Further to this, the alleged contravention did not occur.
You should then hopefully get a NoR that again ignores the 0845 issue and then the case is open and shut.


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PCNdestroyer
post Tue, 18 Oct 2022 - 17:28
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From: Croydon
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QUOTE (cp8759 @ Mon, 17 Oct 2022 - 14:22) *
QUOTE (Gert @ Sun, 16 Oct 2022 - 08:36) *
If the 0845 number is unlikely to win an Adjudicator over AND the SYL is bang to rights AND with no exemptions available AND zone gateway signs confirmed in place, I'd pay it now.

I wouldn't: as Glacier2 notes above, we now have a failure to consider (and the 0845 ground has won before).

QUOTE (PCNdestroyer @ Sun, 16 Oct 2022 - 09:56) *
So with that in mind, according to Croydon council i was ticketed for parking on a SYL and not on a DYL. So in theory all i should have to do at next stage is go down the route of no contravention occured and take a picture of the yellow line signage as the lines are not governed by zones, am i correct in thinking that or is that too easy a get out ?

To be honest when you get the NTO I would just send in a one-line rep:
For the reasons previously stated, the penalty demanded exceeds the amount due in the circumstances of the case. Further to this, the alleged contravention did not occur.
You should then hopefully get a NoR that again ignores the 0845 issue and then the case is open and shut.


Yes that makes sense, that way it covers both issues short and sweet. Then just have to wait for them to slip up on either
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PCNdestroyer
post Thu, 12 Jan 2023 - 15:35
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From: Croydon
Member No.: 106,110



QUOTE (cp8759 @ Mon, 17 Oct 2022 - 14:22) *
QUOTE (Gert @ Sun, 16 Oct 2022 - 08:36) *
If the 0845 number is unlikely to win an Adjudicator over AND the SYL is bang to rights AND with no exemptions available AND zone gateway signs confirmed in place, I'd pay it now.

I wouldn't: as Glacier2 notes above, we now have a failure to consider (and the 0845 ground has won before).

QUOTE (PCNdestroyer @ Sun, 16 Oct 2022 - 09:56) *
So with that in mind, according to Croydon council i was ticketed for parking on a SYL and not on a DYL. So in theory all i should have to do at next stage is go down the route of no contravention occured and take a picture of the yellow line signage as the lines are not governed by zones, am i correct in thinking that or is that too easy a get out ?

To be honest when you get the NTO I would just send in a one-line rep:
For the reasons previously stated, the penalty demanded exceeds the amount due in the circumstances of the case. Further to this, the alleged contravention did not occur.
You should then hopefully get a NoR that again ignores the 0845 issue and then the case is open and shut.



Hi all and a happy new year! I received the NTO and replied back with the one line response as stated. I have now received the NoJ, image attached below. They have gone back to saying i was issued a ticket for parking on a DYL from a SYL in the last response. Also they have completely ignored the 0845 issue. My options are to pay up or go to adjudication at this point.

NoJ1 https://drive.google.com/file/d/1RtjeboOb51...?usp=share_link

NoJ2 https://drive.google.com/file/d/1Rytxz_llSa...?usp=share_link

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cp8759
post Sat, 14 Jan 2023 - 00:35
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There's the two Shelley Sinclair v Lewisham flaws in the Notice of Rejection: it conflates the concepts of service and delivery, and it doesn't tell you the adjudicator has a power to consider an out of time appeal.

Also as the discount isn't in play, there's no downside to carrying on as the penalty won't increase if you lose, but odds are you'll win anyway.

Would you like me to represent you at the tribunal?


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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PCNdestroyer
post Sun, 15 Jan 2023 - 21:47
Post #26


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From: Croydon
Member No.: 106,110



QUOTE (cp8759 @ Sat, 14 Jan 2023 - 00:35) *
There's the two Shelley Sinclair v Lewisham flaws in the Notice of Rejection: it conflates the concepts of service and delivery, and it doesn't tell you the adjudicator has a power to consider an out of time appeal.

Also as the discount isn't in play, there's no downside to carrying on as the penalty won't increase if you lose, but odds are you'll win anyway.

Would you like me to represent you at the tribunal?



Yes that is true got nothing to lose now. That would be amazing if you could represent me
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cp8759
post Mon, 16 Jan 2023 - 14:07
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I'll drop you a PM.


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cp8759
post Fri, 24 Feb 2023 - 11:35
Post #28


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PCN destroyed: http://bit.ly/3SvdKCH


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PCNdestroyer
post Mon, 27 Feb 2023 - 17:28
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Group: Members
Posts: 37
Joined: 10 Oct 2019
From: Croydon
Member No.: 106,110



QUOTE (cp8759 @ Fri, 24 Feb 2023 - 11:35) *
PCN destroyed: http://bit.ly/3SvdKCH


Again a big thanks to cp8759 for assisting me with this pcn, without which I may not have been successful biggrin.gif
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