PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Pcn issued to a hackney carriage
Nozzlenii
post Mon, 22 Jul 2019 - 19:59
Post #1


New Member


Group: Members
Posts: 9
Joined: 22 Jul 2019
Member No.: 104,900



Hi

Im a licensed hackney carriage driver. I was issued a pcn via the post for a contravention that has been stated as the following

Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a designated parking space

I would like advise as to how best to tackle this issue as i intend to appeal in the next 48hrs. I dont believe this contravention occurred as never parked i stoped to let a passenger out on their request i didnt even notice the presence of the warden until after i drove off. Im a hackney carriage driver how am i suppose to do my job if i cant drop passengers off.

Further more the time of the contravention was 00.59 it was a dead end street and i caused no obstruction to any traffic

Is the worth appealing all help will be greatly appreciated

Thanks in advance
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 29)
Advertisement
post Mon, 22 Jul 2019 - 19:59
Post #


Advertise here!









Go to the top of the page
 
Quote Post
hcandersen
post Thu, 25 Jul 2019 - 16:31
Post #21


Member


Group: Members
Posts: 35,063
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



OP, putting lambasting of the council to one side for a moment because I find it clutters analysis of the facts....!

1. You stopped;
2. You were more than 50cm etc.

So we must look at 1, the circumstances of you stopping.

So can we please just spell out what happened, I find it helps:

On *** I was carrying a fare comprising one passenger and ** items of luggage, ** of which I placed the my boot to their destination of ****;
On arrival at the location, I stopped approx. in the centre of the carriageway. The time was ****;
a. I exited the vehicle to assist my passenger leave the vehicle; I took *** cases from my boot, took *** as fare and gave *** in change/accepted *** as a tip; I thanked them and drove off towards ***; I executed a u-turn and returned in the direction of
***, or
b. I did not exit the vehicle; I advised my passenger of the fare and took ***, maybe a tip? As soon as they had exited the vehicle and recovered their luggage. I waited until they were safely on the footway and then drove off in the direction *** etc.

I did see the CEO as I *****. At no stage during the **** minutes that I was stationary did they speak to me or attempt to serve a PCN on my vehicle. If true.

In other words a clear and detailed account. First of all this conveys a clear recollection of all facts and secondly it arms us with the facts necessary to submit your challenge on the grounds of the permitted exemption.


Most of what we need we still don't have.

Time needed to fill in the gaps...5 minutes tops.

Pl don't send a premature challenge based 90% in annoyance and frustration, 10% in detail. It mght make you feel better for a few days until the inevitable rejection reignites your annoyance. Let's crack this in one go if we can.

This post has been edited by hcandersen: Thu, 25 Jul 2019 - 16:33
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Thu, 25 Jul 2019 - 16:51
Post #22


Member


Group: Members
Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



Whilst it is proper to nail down what the OP was doing, the service of the postal PCN should not be forgotten. Two photos of a moving car do not prove that the CEO did not see the OP stopped more than 50cms from the kerb (or edge of carriageway) not does it prove the contravention to the extent that an exemption need be claimed. But photos taken at 28 minutes past midnight are IMO pretty conclusive evidence that a PCN timed at 59 minutes past midnight had not started to be prepared and this improper service must be brought up


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
nextdoor
post Thu, 25 Jul 2019 - 17:46
Post #23


Member


Group: Members
Posts: 529
Joined: 20 Jan 2017
Member No.: 89,788



QUOTE (PASTMYBEST @ Thu, 25 Jul 2019 - 17:51) *
Whilst it is proper to nail down what the OP was doing, the service of the postal PCN should not be forgotten. Two photos of a moving car do not prove that the CEO did not see the OP stopped more than 50cms from the kerb (or edge of carriageway) not does it prove the contravention to the extent that an exemption need be claimed. But photos taken at 28 minutes past midnight are IMO pretty conclusive evidence that a PCN timed at 59 minutes past midnight had not started to be prepared and this improper service must be brought up


+1

They must be asked to explain how a contravention at 00.59 was photpographed 31 mins earlier
Go to the top of the page
 
+Quote Post
hcandersen
post Thu, 25 Jul 2019 - 20:37
Post #24


Member


Group: Members
Posts: 35,063
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



Which is captured in narrative form by:

I did see the CEO as I *****. At no stage during the **** minutes that I was stationary did they speak to me or attempt to serve a PCN on my vehicle. If true.

The OP should start with their account and THEN we see what are the best defences.

IMO, this must lead with the contravention not occurring, if supported by the facts, and not procedural matters. The latter can be included of course.
Go to the top of the page
 
+Quote Post
Nozzlenii
post Fri, 26 Jul 2019 - 20:28
Post #25


New Member


Group: Members
Posts: 9
Joined: 22 Jul 2019
Member No.: 104,900



I am writing to formally challenge the above Penalty Charge Notice.
On [date] my vehicle [registration number] was issued with a Penalty Charge Notice for the reason of “vehicled parked more then 50 centimetres from the edge of the carriageway and not within a designated parking space”

In accordance with the Traffic Management Act 2004, my challenge is on the basis that the contravention did not occur please see the following reasons for why this contravention did not occur

* my vehicle was not parked i am a registered hackney carriage driver and i was dropping off a fair.
* The road where the pcn is issued is closed off with the use of bollards as seen in the pictures attached to this pcn this is where the passenger alighted on their request
* There is a major disparity between the time on the pcn and the pictures on your files in regards to this apparent contravention. Pcn states 00.59 pictures state 00.28
* I was stationary for a matter of seconds whilst the passenger alighted
* I am a taxi driver by profession its my job to pick and drop fare paying passengers for me to be issued with a pcn by post for an contravention that did not occur is ludicrous

Please consider my appeal in relation to the points stated above, and i do hope common sense prevails and this pcn is duly cancelled

Regards



This is a draft i hope it’s sufficient
Go to the top of the page
 
+Quote Post
nextdoor
post Fri, 26 Jul 2019 - 20:39
Post #26


Member


Group: Members
Posts: 529
Joined: 20 Jan 2017
Member No.: 89,788



QUOTE (Nozzlenii @ Fri, 26 Jul 2019 - 21:28) *
* my vehicle was not parked i am a registered hackney carriage driver and i was dropping off a fare, which is an exemption for this contravention
* The road where the pcn is issued is closed off with the use of bollards as seen in the pictures attached to this pcn this is where the passenger alighted on their request
* There is a major disparity between the time on the pcn and the pictures on your files in regards to this apparent contravention. Pcn states 00.59 pictures state 00.28. Please explain how a contravention at 00.59 could be photpographed 31 mins earlier
* I was stationary for a matter of seconds whilst the passenger alighted and drove away immediately afterwards
* I am a taxi driver by profession its my job to pick and drop fare paying passengers for me to be issued with a pcn by post for an contravention that did not occur is ludicrous

Please consider my appeal in relation to the points stated above, and i do hope common sense prevails and this pcn is duly cancelled

Regards



This is a draft i hope it’s sufficient


This post has been edited by nextdoor: Fri, 26 Jul 2019 - 20:54
Go to the top of the page
 
+Quote Post
BQ68
post Fri, 26 Jul 2019 - 21:11
Post #27


Member


Group: Members
Posts: 25
Joined: 5 Aug 2018
Member No.: 99,245



QUOTE (stamfordman @ Thu, 25 Jul 2019 - 15:55) *
Info is in the thread.


Oops, missed it. I know that some LAs have provided full logs of CEO deviceds as part of tribunal packs but how long does it take for them to fire up a ticket and at what point can they take/attach photos? If this was really over in a matter of seconds then they must've been lightning fast!

This post has been edited by BQ68: Fri, 26 Jul 2019 - 21:11
Go to the top of the page
 
+Quote Post
DastardlyDick
post Sat, 27 Jul 2019 - 10:15
Post #28


Member


Group: Members
Posts: 1,860
Joined: 12 May 2012
Member No.: 54,871



QUOTE (Nojo @ Thu, 25 Jul 2019 - 11:33) *
QUOTE (Incandescent @ Wed, 24 Jul 2019 - 22:28) *
They behave badly like this because it is a money-making game and most times will get the PCN paid. As well as this, there are no penalties on them for so acting.


If everything that OP says is correct then this does look a lot like an abuse of power. Surely there must be some sort of disciplinary action the council could take against the CEO? It's not right trying to make revenue in unscrupulous ways. Shame on you Manchester Council.


Most Parking Enforcement is outsourced these days, so all Manchester CC could do is ask their Contractor to do something - the contractor may be on some kind of incentive for number of PCNs issued, so they most likely won't do anything.
There was an Employment Tribunal case a few years ago where NSL were found to have a target of 9 PCNs per shift, but that was in London.
Go to the top of the page
 
+Quote Post
Nozzlenii
post Sat, 27 Jul 2019 - 14:35
Post #29


New Member


Group: Members
Posts: 9
Joined: 22 Jul 2019
Member No.: 104,900



QUOTE (nextdoor @ Fri, 26 Jul 2019 - 21:39) *
QUOTE (Nozzlenii @ Fri, 26 Jul 2019 - 21:28) *
* my vehicle was not parked i am a registered hackney carriage driver and i was dropping off a fare, which is an exemption for this contravention
* The road where the pcn is issued is closed off with the use of bollards as seen in the pictures attached to this pcn this is where the passenger alighted on their request
* There is a major disparity between the time on the pcn and the pictures on your files in regards to this apparent contravention. Pcn states 00.59 pictures state 00.28. Please explain how a contravention at 00.59 could be photpographed 31 mins earlier
* I was stationary for a matter of seconds whilst the passenger alighted and drove away immediately afterwards
* I am a taxi driver by profession its my job to pick and drop fare paying passengers for me to be issued with a pcn by post for an contravention that did not occur is ludicrous

Please consider my appeal in relation to the points stated above, and i do hope common sense prevails and this pcn is duly cancelled

Regards



This is a draft i hope it’s sufficient




Thank you i have submitted the appeal will let you know the outcome
Go to the top of the page
 
+Quote Post
Nozzlenii
post Sat, 17 Aug 2019 - 11:58
Post #30


New Member


Group: Members
Posts: 9
Joined: 22 Jul 2019
Member No.: 104,900



UPDATE****

The representatives have been accepted and the ticket cancelled. Thanks for all the input and guidance from the members of this forum
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 23:40
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here