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Penalty Charge Notice
turkontour7
post Mon, 21 Jan 2019 - 20:00
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Hi all

I'm looking for some advice on a recent PCN received. I have received a penalty charge 01, Parked in a restricted street during prescribed hours.

I was parked on double yellow lines, with a valid blue badge visible. I was well within my allocated time when the ticket was issued. I was under the impression that I was entitled to park
on this street, as I have used it on several occasions without receiving a penalty notice. Below is a link of where I was parked, that is, the yellow lines.

https://www.google.co.uk/maps/place/Millbro...33;4d-3.9382518

I have found the following, but not sure if valid / applicable?:

Further details of contravention code 01
Contravention code 01 is summarised as parked in a restricted street during prescribed hours (non-goods vehicles).
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Non goods vehicles
Contravention code 01 shall be used for non-goods vehicles (cars, motorbikes, and so on) seen to be parked in contravention on double or single yellow lines.
A five-minute observation period will be applied to non-goods vehicles.
Single yellow lines
Single yellow lines must be accompanied by a time plate which indicates the hours during which the restriction applies.  
A time plate is not required for single yellow lines within a controlled parking zone (on-street pay and display area).
Double yellow lines
Double yellow lines apply “at any time” and do not require a time plate.
Is loading/unloading permitted?  Yes
Are Blue Badge holders exempt?  Yes, for up to three hours
Exemptions to enforcement
Vehicles are not permitted to park on yellow lines during the prescribed hours with the following exemptions:
alighting
Blue Badge - Blue Badge holders may park for up to three hours on double or single yellow lines if correctly displaying a valid Blue Badge
council/government department in pursuance of statutory duties
emergency services (fire, police, ambulance, customs)
road maintenance
postal
statutory undertaking (NIE Networks, Water, BT, and so on)
loading/ unloading

If the above is correct, then surely I am covered by the fact that I was displaying a valid blue badge?

Thanks for any help!!!!!!


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nextdoor
post Mon, 21 Jan 2019 - 20:09
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Were you displayig the clock? Was it set to the time you parked?

Have you cecked te council website for the CEO's pictures?
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turkontour7
post Mon, 21 Jan 2019 - 20:13
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Hi

Yes I was displaying the bade / clock correctly.

Am I entitled to pictures before appealing, etc?
Thanks
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stamfordman
post Mon, 21 Jan 2019 - 20:32
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Post the PCN and have a look on council site for pics.

It's possible that the PCN has been issued for parking near a junction, but they shouldn't do that in England at least. This is Wales.

Put pics on https://imgbb.com or such like.

This post has been edited by stamfordman: Mon, 21 Jan 2019 - 20:33
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cp8759
post Mon, 21 Jan 2019 - 21:12
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Upload the images to https://imgbb.com or imgur.com and post a link, we must see both the PCN and the council photos. If the photos aren't on the council website, email them and ask.


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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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turkontour7
post Tue, 22 Jan 2019 - 19:50
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Ticket at this link

https://ibb.co/dWyPVZ9

Not sure where I stand with obtaining pictures from Council at the moment?
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cp8759
post Tue, 22 Jan 2019 - 20:21
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Council pics:

http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866
http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866
http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866
http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866
http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866
http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866
http://parking.swansea.gov.uk/Pages/Media....ebCode=917BL866

turkontour7, what was the time set on the clock?

Also, upload thee rear of the PCN in full as well as the bottom portion of the front.


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turkontour7
post Tue, 22 Jan 2019 - 20:31
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Rest of ticket
https://ibb.co/FV0R0dV

Reverse of ticket

https://ibb.co/yRnP4rf

The clock was set at 17:00 (5pm) I would have returned to my vehicle at approx 19:30
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cp8759
post Tue, 22 Jan 2019 - 20:38
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Just send an informal representation saying the PCN was on display and the clock had been correctly set, let's see what they come back with.


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turkontour7
post Tue, 22 Jan 2019 - 20:45
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Thanks

Do I say that i dispute the area to be of restricted parking or allow them to respond accordingly?

When you say the PCN on display is that as it the issued ticket?


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stamfordman
post Tue, 22 Jan 2019 - 21:13
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CP meant the blue badge/clock on display. Don't mention anything else - just that you were parked with the usual BB/clock combination, which you understand to be an exemption to parking on yellow lines for 3 hours, and you parked for about 2.5 hours.

Just checked pics - poor quality - here's only one of windscreen and one on lines.





This post has been edited by stamfordman: Tue, 22 Jan 2019 - 21:21
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turkontour7
post Tue, 22 Jan 2019 - 21:21
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Thanks again.

If their response is negative as I'm appealing am do you know if I am able to challenge again?
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stamfordman
post Tue, 22 Jan 2019 - 21:23
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Ive just added a couple of pics. Yes you get three bites altogether. The idea of a first challenge is to find out what they're on about without losing the discount.
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DancingDad
post Tue, 22 Jan 2019 - 21:25
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It is clear that the parking area was restricted from the DYLs.
Keep the challenge simple.

Dear Sirs
Ref PCN ????
I do not understand why this PCN was served.
I parked on double yellow lines, correctly displaying my Blue Badge and the Time Clock as required.
The pictures taken by your CEO confirms this.
The time clock was correctly set at the time I parked yet the PCn was served well within the allowed 3 hour exemption.
I enclose a copy of my Blue Badge for your records.
Please confirm cancellation of this PCN.
Even if you believe an error occurred with my parking that warranted the service, please exercise your discretion to cancel an oversight.
Should you decide not to cancel, please explain exactly why and what legislation you rely upon that cancels the standard exemption that must be within the relevant Traffic Regulation Order.
Hugs and Kisses

This post has been edited by DancingDad: Tue, 22 Jan 2019 - 21:57
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turkontour7
post Tue, 22 Jan 2019 - 21:32
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Thanks all again

Do you think the pictures they have taken will be of relevance to my appeal?

So do I keep it simple or as per Dancing Dads response?
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stamfordman
post Tue, 22 Jan 2019 - 21:37
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Pics make no difference - we don't know why the PCN was issued, but likely to be either mistaken about the lines near a junction, or a an issue with the badge/clock (but there is no close up).

DD has given you the challenge - do it online here:

http://parking.swansea.gov.uk/pages/Online...lengeEntry.aspx

choosing informal challenge.

Omit hugs and kisses as you feel.
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turkontour7
post Tue, 22 Jan 2019 - 21:47
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Many thanks all

I shall advise on their response and take it from there.

Cheers
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PASTMYBEST
post Tue, 22 Jan 2019 - 21:50
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MY guess is that they will say you are to near the junction. They are completely wrong and we have won on this many times


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turkontour7
post Tue, 22 Jan 2019 - 21:58
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Shouldn't that be in the issued ticket? For example- causing an obstruction, parking by a junction etc?
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DancingDad
post Tue, 22 Jan 2019 - 22:00
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I've added an extra line just to paint them a little further into the corner.

That is a simple challenge BTW.
It just asserts what is correct and leaves it to them to answer fully or waffle (assuming they reject, it does give them an easy cancellation)
If they waffle, so be it, we will deal with it.
Be assured, there is no legislation that they can quote that cancels the Blue badge exemption on a DYL.
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