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PCN Code 89 Question
Submerge
post Mon, 17 Jun 2019 - 13:59
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Hi all,

First time posting, I didn't even know this forum existed until today!

I've been issued a PCN this morning by North Somerset council, as I've apparently breached code 89 'Vehicle parked exceeds maximum weight and/or height and/or length permitted in the area' whilst parked in a local car park.

I drive a VW Golf, so totally standard size etc., it's not even an estate, so I think they've given me an incorrect code and as such the PCN isn't valid.

Now, I was parked in an electric bay (I drive a plug-in hybrid) without having my car on charge; I noticed a sign (too late obviously!) that says cars parked there need to be on charge etc etc, but says nothing about a fine. The PCN issued is nothing to do with this, so again I hoping it's invalid.

I will be challenging the PCN due to the code being incorrect, but thought I'd ask you guys for your opinion before doing so.

Cheers!
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post Mon, 17 Jun 2019 - 13:59
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DancingDad
post Mon, 17 Jun 2019 - 14:06
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I suspect you may be right but please post the PCN and a streetview link to the car park.
We like to see the terms and conditions board.
Plus any council pictures (often online if you check against your PCN number)
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Submerge
post Mon, 17 Jun 2019 - 15:03
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Hello, thanks for the reply. Street view link is...

HERE

I believe the Google map pictures are out of date, as the barrier no longer exists and the car park is managed by the council.

I've been told the evidence that the council have will be uploaded to the website overnight, so I'll have it tomorrow, but here's a pic I snapped at the time, and the PCN...

HERE

Thanks smile.gif

This post has been edited by Submerge: Mon, 17 Jun 2019 - 15:06
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cp8759
post Mon, 17 Jun 2019 - 15:09
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Is there a board showing the car park terms and conditions?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PASTMYBEST
post Mon, 17 Jun 2019 - 15:10
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IMO you should have been given a code 71

71 Parked in an electric vehicles’ charging place during restricted hours without charging ( Lower )


code ( 89 ) is a higher level penalty its completely wrong on more than one count


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Neil B
post Mon, 17 Jun 2019 - 15:17
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Does seem it should be 71 Parked in an electric vehicles’ charging place during restricted hours
without charging


QUOTE (PASTMYBEST @ Mon, 17 Jun 2019 - 16:10) *
IMO you should have been given a code 71

71 Parked in an electric vehicles’ charging place during restricted hours without charging ( Lower )

Blimey I type slow!

&1 is 'higher' too?


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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PASTMYBEST
post Mon, 17 Jun 2019 - 15:29
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QUOTE (Neil B @ Mon, 17 Jun 2019 - 16:17) *
Does seem it should be 71 Parked in an electric vehicles’ charging place during restricted hours
without charging


QUOTE (PASTMYBEST @ Mon, 17 Jun 2019 - 16:10) *
IMO you should have been given a code 71

71 Parked in an electric vehicles’ charging place during restricted hours without charging ( Lower )

Blimey I type slow!

&1 is 'higher' too?


Are you looking at London councils rather than PATROL


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Neil B
post Mon, 17 Jun 2019 - 15:41
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QUOTE (PASTMYBEST @ Mon, 17 Jun 2019 - 16:29) *
Are you looking at London councils rather than PATROL

I was, yeah; didn't know they differed.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Submerge
post Mon, 17 Jun 2019 - 15:49
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QUOTE (cp8759 @ Mon, 17 Jun 2019 - 16:09) *
Is there a board showing the car park terms and conditions?


I believe there is, but it's miles away from where I am now unfortunately sad.gif

I'll see if I can get my other half to get a pic later if she's still in the area.

QUOTE (PASTMYBEST @ Mon, 17 Jun 2019 - 16:10) *
IMO you should have been given a code 71

71 Parked in an electric vehicles’ charging place during restricted hours without charging ( Lower )


code ( 89 ) is a higher level penalty its completely wrong on more than one count



This is what I thought. So, I'm hoping that my code 89 may be contested as my car isn't over the weight/height/length for the car park.
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Incandescent
post Mon, 17 Jun 2019 - 16:28
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All you have to do is submit informal reps stating that the PCN has been issued in error as your car, (a Golf) is not over the weight and dimensions restrictions for the car park.

Post up their reply when you get it. We will all be interested to see what prestidigitation they use to justify it. They cannot legally re-issue the PCN with a different contravention code and description.

Basically, the CEO made a mistake using his little machine.
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Submerge
post Mon, 17 Jun 2019 - 16:54
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Thanks for the replies everyone! I'll see what pictures they have on the website tomorrow, and will get the challenge sent off; I'll post whatever they come back with in due course!
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Submerge
post Tue, 18 Jun 2019 - 11:08
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QUOTE (Submerge @ Mon, 17 Jun 2019 - 17:54) *
Thanks for the replies everyone! I'll see what pictures they have on the website tomorrow, and will get the challenge sent off; I'll post whatever they come back with in due course!


The photos they had were just of my car in the space, all around, and the signs in the area. I've submitted my challenge, and expect to hear back within 10 working days apparently. We'll see what happens then I guess!

This post has been edited by Submerge: Tue, 18 Jun 2019 - 11:09
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PASTMYBEST
post Tue, 18 Jun 2019 - 11:19
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QUOTE (Submerge @ Tue, 18 Jun 2019 - 12:08) *
QUOTE (Submerge @ Mon, 17 Jun 2019 - 17:54) *
Thanks for the replies everyone! I'll see what pictures they have on the website tomorrow, and will get the challenge sent off; I'll post whatever they come back with in due course!


The photos they had were just of my car in the space, all around, and the signs in the area. I've submitted my challenge, and expect to hear back within 10 working days apparently. We'll see what happens then I guess!


That's good, when they reject as they invariably will and do not consider what you say, but tell you you committed an offence, what then?

post a copy of what you sent here while its still fresh or any help at the next step will be more difficult


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Submerge
post Tue, 18 Jun 2019 - 13:12
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QUOTE (PASTMYBEST @ Tue, 18 Jun 2019 - 12:19) *
That's good, when they reject as they invariably will and do not consider what you say, but tell you you committed an offence, what then?

post a copy of what you sent here while its still fresh or any help at the next step will be more difficult


Here we go....


Thank you for your correspondence dated 18 June 2019.
The Penalty Charge Notice was issued because your vehicle was parked in an electric
vehicle bay but was not being charged. I am writing to advise you that on this occasion the
Notice in question has been cancelled as the Civil Enforcement Officer has issued it
against using an incorrect contravention code. Please note that we may not be in a
position to cancel further PCNs if there are similar contraventions in the future.
Yours sincerely,


WINNER!!



This post has been edited by Submerge: Tue, 18 Jun 2019 - 13:14
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DancingDad
post Tue, 18 Jun 2019 - 15:20
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That'll do nicely.
Nice to see a council accepting an error has been made and not trying to bluff it.
If all did that, we would not be needed here.
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Neil B
post Tue, 18 Jun 2019 - 15:33
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Innit.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Submerge
post Tue, 18 Jun 2019 - 16:18
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Thanks for the help and advice guys, I truly appreciate it! Saved me a few quid!! smile.gif
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