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PCN CODE 1, Commercial Heavy Goods
PrvtSnowball
post Wed, 23 May 2018 - 13:15
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Hi Guys/Girls

I received a PCN Code 1 whilst parked in a closed road off power station road Rugeley as I ran out of time with no where
Else to park.. there is no restrictions signs posted anywhere along Power Station Road other than the fact visible Double Yellow Lines. I will attach pics I took myself along with the PCN and see what your thoughts regarding appeals.

Thanks for taking the time to read

Won't let me attach files so here are links to my pics

https://ibb.co/bKgJLo
https://ibb.co/nHs3mT
https://ibb.co/m26Pt8
https://ibb.co/fvpNfo

This post has been edited by PrvtSnowball: Wed, 23 May 2018 - 13:15
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post Wed, 23 May 2018 - 13:15
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peterguk
post Wed, 23 May 2018 - 13:22
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DYLs do not require a timeplate as they are a 24/7 restriction.

This post has been edited by peterguk: Wed, 23 May 2018 - 13:23


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PrvtSnowball
post Wed, 23 May 2018 - 13:28
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Even on closed roads ?
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stamfordman
post Wed, 23 May 2018 - 13:52
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where is this on Google Street View.

You were given observation time as a commercial vehicle.

Maybe only chance is on redundancy of road and asking fro discretion.

If employer failed to find you somewhere to park they should pay.
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PrvtSnowball
post Wed, 23 May 2018 - 14:11
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Here is where it is on Google street view
Rugeley, England

https://goo.gl/maps/JhFZNT3XZaJ2
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DastardlyDick
post Wed, 23 May 2018 - 14:26
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QUOTE (PrvtSnowball @ Wed, 23 May 2018 - 14:28) *
Even on closed roads ?


Yes, it's still part of the Highway - as a "professional driver" did the ruddy great concrete blocks across the road not tell you that you're not supposed to park there?
I cannot see a defence here, so pay at the discount, unless you want your boss to find out when he gets the NtO through the mail in 28 days time for the full penalty.


QUOTE (stamfordman @ Wed, 23 May 2018 - 14:52) *
where is this on Google Street View.

You were given observation time as a commercial vehicle.

Maybe only chance is on redundancy of road and asking fro discretion.

If employer failed to find you somewhere to park they should pay.


It's next to the premier inn with two wacking great concrete blocks across it which the OP has had to drive around!
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PASTMYBEST
post Wed, 23 May 2018 - 14:29
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QUOTE (DastardlyDick @ Wed, 23 May 2018 - 15:17) *
QUOTE (PrvtSnowball @ Wed, 23 May 2018 - 14:28) *
Even on closed roads ?


Yes, it's still part of the Highway - as a "professional driver" did the ruddy great concrete blocks across the road not tell you that you're not supposed to park there?
I cannot see a defence here, so pay at the discount, unless you want your boss to find out when he gets the NtO through the mail in 28 days time for the full penalty.


that's the crux, The owner will get the NTO. If you are OK with that and want to try a challenge Explain that you could drive no further legally so stopped in what you considered the best place to avoid obstruction. Could they please use their discretion and cancel in these circumstances


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stamfordman
post Wed, 23 May 2018 - 15:00
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GSV has ruddy great truck in there...

https://www.google.com/maps/@52.7564737,-1....3312!8i6656
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DastardlyDick
post Wed, 23 May 2018 - 15:19
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QUOTE (stamfordman @ Wed, 23 May 2018 - 16:00) *


And a pair of dirty great concrete blocks - you would have thought they would be a bit of a clue! rolleyes.gif
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stamfordman
post Wed, 23 May 2018 - 15:21
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So where was the OP going and why no parking space?
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PASTMYBEST
post Wed, 23 May 2018 - 15:42
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OP parking on a DYL is a no no the restriction is in force 24/7 365 days a year. There might be something wrong with the traffic management order that creates the restriction. If you intend to challenge you should ask the council for this.
Assuming it is in order, there is an exemption for stopping for reasons beyond your control.

back in the early 80's when tachos were introduced, lorry driver would stop anywhere when their driving time expired. Running out of hours would not necessarily be a reason beyond your control, but thing happen, traffic jams a delay getting loaded that you could not anticipate.
If you claim an exemption it is for you to show it applies, so can you give a valid reason why you find yourself out of time with no where to park legally?

The concrete blocks might well be an indication you cannot park, but the legal method of showing this is the DYL


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cp8759
post Sun, 27 May 2018 - 17:30
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Is a stopped road a "road" for the purposes of the Traffic Management Act?

I would ask the council if a stopping up order has been made, or else on who's authority have the concrete blocks been placed. If there's a stopping-up order, IMO the TMA 2004 cannot apply. If there isn't, the question still remains of whether the area where the lorry was parked was a highway.


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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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