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PCN advice needed
imy300
post Mon, 19 May 2008 - 14:06
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The vehicle was parked: On-road.
The first thing I received was :A Penalty Charge Notice attached to the vehicle
Which county/council/borough was the vehicle in? Birmingham
What was the alleged offence? 01 Parking in a restricted street during prescribed hours
If parked on-road, was the vehicle parked in a Controlled Parking Zone? see below

I will try and put as much detail as i can in.
I have received 6 PCN's for parking on a single yellow line. Within 2 days(max) of receiving each one i wrote to the council requesteing they withdraw the notice as there were no clear markings of the CPZ. I then received replies from the council a long time after and now received my first NTO and i belive I have more but they have been sent to my wife's old address as the car is still registered there.
There are a number of reasons i belive that the PCN is incorrect and have detailed them below -

1) at the time the infringement took place there were no clear legal signs on the route I took into the city centre informing drivers they were entering a controlled parking zone. I do admit that sign have been put up recently within the last 2 months possibly but there are still a few major routes into the city centre that are not marked with controlled zone signs.



2) on the road where the incidents took place there is a car repair workshop, from approx 8.15am to 6.30pm there are a large amount of cars from this business parked on the same road, many with wheels on the kerb. However to date I have never seen one of these vehicles with a parking ticket. On more then one occasion I have questioned the traffic warden as to why they have not been issued with a notice and each time was told that he was returning in a short while, however he has not. How is this a fair policy when it obviously discriminates between owners.



3) Florence street is a small road (approx 150m long) blocked at one end in a semi derelict area of the city centre. There is no reason as to why there should be single yellow lines on this road, and can only assume this is from bygone days. Any access to buildings are cleared marked and have there own dive ways which are kept clear. There is no issue of safety to restrict cars from parking here.



4) The days the charge notices have been received are inconsistent, there are days when I have parked there and not received any notices. This leads me to believe that different wardens have different rules. If the council feels they need to patrol a certain area then I am very concerned to see that it is not done in a proper uniform way.



Of course i'm not really sure how much of this is a relevant and weather it will help my cause or not. I was really hoping someone could have a look at my paper work and see if there are any grounds to take this further.
click on paperwork to view all the stuff received and sent........paperwork

thanks

EDIT : some images below.....more soon



This post has been edited by imy300: Wed, 21 May 2008 - 19:05
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post Mon, 19 May 2008 - 14:06
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Neil B
post Mon, 19 May 2008 - 14:19
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Just a thought mate.

As we don't know you and there are occasional trolls on the site could you use the standard method of posting images

Here >>> http://forums.pepipoo.com/index.php?autoco...ticle&id=16


Cos I, for one, am not going to be downloading that unknown file!


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

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greatscot
post Mon, 19 May 2008 - 14:39
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I agree with Neil about the file type.
But remember to blank out your identifiable details when posting up your images.

But we should be able to give you a hand....

Cheers
GS

This post has been edited by greatscot: Mon, 19 May 2008 - 14:39


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bama
post Mon, 19 May 2008 - 14:54
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have checked out the zip file - it comes out clean with my A/V.


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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spanner345
post Mon, 19 May 2008 - 14:59
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QUOTE (bama @ Mon, 19 May 2008 - 15:54) *
have checked out the zip file - it comes out clean with my A/V.

Ditto all is ok


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ARSE DRINK FECK........



DRINK MORE
TOILET DUCK
50 mls vodka
50 mls Red Bull
330 mls Blue Wkd
25 mls tequila
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Neil B
post Mon, 19 May 2008 - 15:04
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QUOTE (bama @ Mon, 19 May 2008 - 15:54) *
have checked out the zip file - it comes out clean with my A/V.


I did try but a bit of an IT numpty I'm afraid! biggrin.gif

Didn't mean any offence to the OP: Just being cautious.


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

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Neil B
post Mon, 19 May 2008 - 15:39
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Best I make an attempt to help with my limited knowledge then! My two pennorth>

Don't see much value in your points 2,3 and 4. For one of those, even if the CEOs are, perhaps, being 'persuaded' not to issue tickets to local businesses it doesn't make your PCNs invalid. Could possibly give them a headache with a bit of video footage - but only for fun value really.

Not sure if the absence of signs at some entrances to the restricted area gives you a case - others will know.
If so then get as many photos of various locations as you can. If you can, then common sense tells me they have tucked themselves up by stating the opposite to be true! Might even be considered vexatious of them not to have taken any notice and blatantly lied if they continue to defend.
If you are correct that some signs have been put up recently then I would press them on that to give them a headache: Maybe cite particular ones and ask for disclosure of the works carried out?

NTO was pretty good really - actually quite helpful in places - best statement I've seen making it clear you can appeal on several grounds.

There was a really poor misleading bit though. Probably minimal value. When talking about mitigating circumstances, their last phrase should be after the bulleted examples of reasons that are normally rejected. As it is, it makes it look like the first two are good reasons and only the last example would be rejected.


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

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Teufel
post Mon, 19 May 2008 - 15:40
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1 needs to be clear signs (both sides of 2 way street) on all public roads at entry to CPZ
else all restrcuitions dependent (ie SY) are invalid

see patas cuiker case

2 worth reporting him - he probably takes a backhander

has no impact on yr case though

3 probably woryth checking TRO to see if street is properly laid out

4 are you complaing that you havent always got a ticket ?!?!?!

do you want more officers ??????

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Neil B
post Mon, 19 May 2008 - 15:50
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QUOTE (Teufel @ Mon, 19 May 2008 - 16:40) *
4 are you complaing that you havent always got a ticket ?!?!?!

do you want more officers ??????


laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif


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

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imy300
post Wed, 21 May 2008 - 19:07
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couldnt add all the images to original post so the rest are here.......




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imy300
post Wed, 21 May 2008 - 19:07
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and here...

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