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Caught on single yellow line as parking time expired
chuck990
post Tue, 6 Feb 2018 - 20:29
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Hi,

Mum fell foul of a quite predatory ticket warden over the weekend. She was parked on a yellow line that allowed parking until 4 and came back to the car at about 9 minutes past only to find a ticket that had been issued at 16:06/16:07.

I've attached the street signage and the PCN below; dont think there's an awful lot to be argued - especially having read that grace periods dont have to apply to single yellow lines.

Can anyone give any saving grace perhaps? Or is this one of those time to just suck it up?





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post Tue, 6 Feb 2018 - 20:29
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PASTMYBEST
post Tue, 6 Feb 2018 - 20:49
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are we talking about here?

https://www.google.co.uk/maps/@51.4097777,-...3312!8i6656
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stamfordman
post Tue, 6 Feb 2018 - 20:57
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QUOTE (PASTMYBEST @ Tue, 6 Feb 2018 - 20:49) *


Do we have a hint of a 10 min rule...

Odd that they have rush hour times for a Saturday.
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PASTMYBEST
post Tue, 6 Feb 2018 - 21:03
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QUOTE (stamfordman @ Tue, 6 Feb 2018 - 20:57) *
QUOTE (PASTMYBEST @ Tue, 6 Feb 2018 - 20:49) *


Do we have a hint of a 10 min rule...

Odd that they have rush hour times for a Saturday.


If they were in a bay yes.

2160156249

As a result of a Statutory Declaration/Witness Statement, sworn by the Appellant at the Traffic Enforcement Centre, an Order was made by Northampton County Court cancelling the Charge Certificate but not the original Penalty Charge Notice.
It falls to me now to determine this matter on the evidence both parties presently before me.
There is no dispute as to the whereabouts of vehicle GK13 OPT, at the relevant time, on the material date; namely at a location subject to a restriction denoted by a single yellow kerb delineation.
The Appellant denies liability for the ensuing Penalty Charge Notice on the basis of the prevailing circumstances as stated in her initial written representation.
The evidence upon which the Enforcement Authority rely to substantiate the assertion comprises the certified copy Penalty Charge Notice, and contemporaneous notes made by the Civil Enforcement Officer together with photographic evidence: still frames revealing the said vehicle in situ, and the applicable single yellow line and signage notifying motorists of the restriction.
It is incumbent upon a motorist to consult signage and comply with kerb indications, and to be acquainted with the nature of such restrictions by reference to The Highway Code.
The sign at the location informs both as to the operative hours of the restriction, and the maximum period within which parking is permitted for a specified purpose.
The said vehicle remained in situ for a duration in excess of the permitted maximum.
Evidentially I am satisfied that the contravention occurred, accordingly I refuse this Appeal.
Authority Response
Recommendation not accepted due to:

Decision date
29 Jul 2016
Adjudicator
Timothy Thorne
Previous decision
Appeal refused
Review decision
Appeal allowed
Direction
Review and appeal allowed
Reasons
This case comes before me as a review.

Having considered all the evidence I am satisfied that it is in the interests of justice for me to perform this review.


The evidence is clear that the applicant parked her vehicle in a parking bay which had a single yellow line running through it. the associated time plate indicated that at the time the vehicle was parked the yellow line was not operational but the bay was operating as a parking space that limited the amount of parking time to 10 minutes. The PCN was issued because the vehicle was parked in the bay for 12 minutes.



The PCN alleged that the vehicle was parked in a restricted street. It was not. it was parked in a parking bay that limited the amount of parking time to 10 minutes. The PCN is therefore invalid.



Moreover the decision to issue a PCN and pursue the penalty takes no account of the Deregulation Act 2015 which came into force in April 2015. The Enforcement Authority's own published policy is as follows:

"From 6 April 2015, the Council will be giving a 10 minute grace period to vehicles parked in dedicated parking bays, where a period of permitted parking ends and controls then come into force.

The general idea of this is that if a vehicle is parked legally in a designated parking bay when it is initially parked, then a 10 minute grace period should be given before a parking ticket is issued after it becomes illegally parked.
The Council has already started a 'common sense' approach to kerbside management through its innovative Traffic Marshals scheme.
The 10 minute grace period applies in parking bays in the following instances;
-at the start of controlled hours when the bay reverts from being uncontrolled to controlled-upon expiry of a paid for session during controlled hours-upon expiry of a permitted ‘free’ parking period during controlled hours (eg a maximum stay)"The Enforcement Authority has failed to follow its own guidance and the PCN should not have been issued.


I therefore conclude that the review (and appeal) must be allowed.

Authority Response
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DancingDad
post Tue, 6 Feb 2018 - 21:46
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We need to know where mum was parked.
If she was parked in a parking bay, 10 minute grace applies even if there is a yellow line through the bay.

Pastmybest posted a streetview link earlier, was she in that parking bay?
And for less then an hour ?
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chuck990
post Wed, 7 Feb 2018 - 10:09
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Thanks for the speedy replies guys.

Yes the streetview location is correct, the car cannot have been parked there for more than 20 minutes I'd have said (mum parked, but I was there)
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PASTMYBEST
post Wed, 7 Feb 2018 - 10:17
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QUOTE (chuck990 @ Wed, 7 Feb 2018 - 10:09) *
Thanks for the speedy replies guys.

Yes the streetview location is correct, the car cannot have been parked there for more than 20 minutes I'd have said (mum parked, but I was there)


So at 4.00pm you were parked legally in a designated parking bay. The amendment to the regulations in 2015 made it unlawful to issue a PCN until 10 minutes have expired at the end of the permitted parking time. Basically make a challenge saying just that.
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stamfordman
post Wed, 7 Feb 2018 - 10:25
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QUOTE (PASTMYBEST @ Wed, 7 Feb 2018 - 10:17) *
QUOTE (chuck990 @ Wed, 7 Feb 2018 - 10:09) *
Thanks for the speedy replies guys.

Yes the streetview location is correct, the car cannot have been parked there for more than 20 minutes I'd have said (mum parked, but I was there)


So at 4.00pm you were parked legally in a designated parking bay. The amendment to the regulations in 2015 made it unlawful to issue a PCN until 10 minutes have expired at the end of the permitted parking time. Basically make a challenge saying just that.



+1 - but post your challenge here first before sending.
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hcandersen
post Wed, 7 Feb 2018 - 10:28
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The car was parked in contravention at 16.06 because the restriction came into effect at 1600 hrs prior to which the car was permitted to be parked in the parking place.

In these circumstances, the authority are barred by law from issuing a PCN until a period of 10 minutes has elapsed, however the CEO issued it prematurely at 1607.

The issues related to the contravention itself are not relevant (and I hope the authority's response will not belabour this aspect), the PCN is invalid because the authority were not empowered to issue a PCN at 1607 by virtue of the permitted parking period ending at 1600.

If the authority are in any doubt, then I refer them to regulation 4 of the General Regulations, the relevant provisions of which I have copied below:

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(2);
(b)“permitted parking period” means—
(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place;[i]
or
(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.[/i]”
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chuck990
post Wed, 7 Feb 2018 - 13:47
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QUOTE (hcandersen @ Wed, 7 Feb 2018 - 11:28) *
The car was parked in contravention at 16.06 because the restriction came into effect at 1600 hrs prior to which the car was permitted to be parked in the parking place.

In these circumstances, the authority are barred by law from issuing a PCN until a period of 10 minutes has elapsed, however the CEO issued it prematurely at 1607.

The issues related to the contravention itself are not relevant (and I hope the authority's response will not belabour this aspect), the PCN is invalid because the authority were not empowered to issue a PCN at 1607 by virtue of the permitted parking period ending at 1600.

If the authority are in any doubt, then I refer them to regulation 4 of the General Regulations, the relevant provisions of which I have copied below:

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(2);
(b)“permitted parking period” means—
(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place;[i]
or
(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.[/i]”


This is fantastic, many thanks for your help!
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John U.K.
post Wed, 7 Feb 2018 - 14:22
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QUOTE
This is fantastic, many thanks for your help!


As Stamforman says, do not rush to send challenge, but post draft here fo comment before sending.
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chuck990
post Fri, 9 Feb 2018 - 13:13
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Hi,

I have used hcanderson's post above pretty much verbatim. Presumably no further evidence is required?
QUOTE
Dear Sir/Madam,

I am writing to appeal PCN XX on behalf of my mother XX who is the registered keeper, and driver of the VRM XX.

The car was parked in contravention at 16:06 because the restriction came into effect at 1600 hrs prior to which the car was permitted to be parked in the parking place.

In these circumstances, the authority are barred by law from issuing a PCN until a period of 10 minutes has elapsed, however the CEO issued it prematurely at 16:07.

The issues related to the contravention itself are not relevant (and I hope the authority's response will not belabour this aspect), the PCN is invalid because the authority were not empowered to issue a PCN at 16:07 by virtue of the permitted parking period ending at 16:00.

If the authority are in any doubt, then I refer them to regulation 4 of the General Regulations, the relevant provisions of which I have copied below:

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(2);
(b)“permitted parking period” means—
(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place;[i] or
(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.


I would therefore like to request that this PCN is revoked with immediate effect.

Many thanks
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chuck990
post Wed, 14 Mar 2018 - 11:04
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Hi,

Have now had a response through:

QUOTE
Dear Mr XXX,

Penalty Charge Notice: MTxxxxxxxx

Date of Contravention: 03/02/2018 Vehicle Registration: xxxxxxx

Location: LAMBTON ROAD. SW20

Thank you for writing to us.
We have carefully considered what you say but we have decided not to cancel
your Penalty Charge Notice (PCN).
You were parked where there are yellow stripes on the kerb and white 'No
loading' signs. The kerb stripes mean you are not allowed to park – even to
load or unload – at certain times. A double kerb stripe means the rule applies
24 hours a day. A single kerb stripe, as in your case, means the rule applies
some of the time (the sign shows the times). If no days are shown on the sign,
the rule applies seven days a week. You were given a PCN for parking at a
time when the rule applies. The purpose of this rule is to improve traffic flow
and safety at busy times.

At this particular location the rule is in force Monday to Saturday 7.00am-
10.00 am and 4.00pm-7.00pm.

I note your comments, however, I would refer you to the London Borough of

Merton’s Parking Enforcement Policy https://www.merton.gov.uk/streets-
parking-transport. which states “The Grace Period does not apply to yellow

lines or other areas where parking is not permitted”.
Having checked the Traffic Management Order, I can confirm that it is correct
in its statements. Please be advised that that s35 of the Road Traffic
Regulation Act 1984 bears no relevance to your PCN as your vehicle was not
parked in a parking place, it was parked on a single yellow line during the
restricted hours.
So whilst I note it was not your intention to park in contravention of the
restrictions in force, I am satisfied that the PCN has been correctly issued and
that there are no grounds on which to cancel the charge.


You can view photographic evidence of your case online at
www.merton.gov.uk/pcn.
You have these choices:
• You can pay the discount charge of £55.00 if your payment reaches us within
14 days of the date of this letter.
• If you miss the discounted period you can pay the full charge of £110.00
within 28 days of this letter.
• You can formally challenge your PCN by using a Notice to Owner form. The
vehicle's owner will automatically receive the form if the PCN has not been
paid within 28 days of this letter. The form offers you the chance to formally
challenge your PCN or pay the full £110.00. If you decide to formally
challenge your PCN, please do not write to us again but wait until the Notice
to Owner form arrives. If we reject your formal challenge you will be given the
opportunity to appeal against our decision to an independent adjudicator. For
more information about the traffic adjudicator please visit their website at
http://www.londontribunals.gov.uk/eat/appe...ocess-explained. Please
note: Should you write back in to the council before the Notice to Owner, the
discounted period will not be placed on hold or reoffered.
How to pay
• Online at www.merton.gov.uk/pay.
• By phone 020 8545 3518 (24 hours). Please note that we do not accept
AMEX or Diner’s Club Cards.
• Post Office (cash or a debit card only) or at Pay Point Shops (cash only)
using the bar code as shown on this letter or on the PCN.
• By post Please make your cheque or postal order payable to ‘London
Borough of Merton’, write your PCN number (MT.........), vehicle registration
and your address on the back, then send it to the address above.
• Please note London Borough of Merton does not offer payment or
instalment plans for PCNs. Payment is made when it is received by the
council and not from the date written on a cheque or the date payment is
posted. The council cannot be held responsible for any payments that are
delayed or lost by the Postal Services. Parking Services
Yours sincerely
Parking Services


They are clearly wrong, as pointed out above, the vehicle was parked in a marked bay, where parking was indeed permitted (for 1 hour) and as such I shall be making a further appeal. Can anyone clarify if we truly do need to await the form in the post before we can appeal?
Is there any point replying to this email and pointing out their mistake in the hope they reconsider cancelling before a formal appeal?

Many thanks
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stamfordman
post Wed, 14 Mar 2018 - 11:10
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Where are the council's pics? have you checked for them?
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PASTMYBEST
post Wed, 14 Mar 2018 - 11:14
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QUOTE (chuck990 @ Wed, 14 Mar 2018 - 11:04) *
Hi,

Have now had a response through:

QUOTE
Dear Mr XXX,

Penalty Charge Notice: MTxxxxxxxx

Date of Contravention: 03/02/2018 Vehicle Registration: xxxxxxx

Location: LAMBTON ROAD. SW20

Thank you for writing to us.
We have carefully considered what you say but we have decided not to cancel
your Penalty Charge Notice (PCN).
You were parked where there are yellow stripes on the kerb and white 'No
loading' signs. The kerb stripes mean you are not allowed to park – even to
load or unload – at certain times. A double kerb stripe means the rule applies
24 hours a day. A single kerb stripe, as in your case, means the rule applies
some of the time (the sign shows the times). If no days are shown on the sign,
the rule applies seven days a week. You were given a PCN for parking at a
time when the rule applies. The purpose of this rule is to improve traffic flow
and safety at busy times.

At this particular location the rule is in force Monday to Saturday 7.00am-
10.00 am and 4.00pm-7.00pm.

I note your comments, however, I would refer you to the London Borough of

Merton’s Parking Enforcement Policy https://www.merton.gov.uk/streets-
parking-transport. which states “The Grace Period does not apply to yellow

lines or other areas where parking is not permitted”.
Having checked the Traffic Management Order, I can confirm that it is correct
in its statements. Please be advised that that s35 of the Road Traffic
Regulation Act 1984 bears no relevance to your PCN as your vehicle was not
parked in a parking place, it was parked on a single yellow line during the
restricted hours.
So whilst I note it was not your intention to park in contravention of the
restrictions in force, I am satisfied that the PCN has been correctly issued and
that there are no grounds on which to cancel the charge.


You can view photographic evidence of your case online at
www.merton.gov.uk/pcn.
You have these choices:
• You can pay the discount charge of £55.00 if your payment reaches us within
14 days of the date of this letter.
• If you miss the discounted period you can pay the full charge of £110.00
within 28 days of this letter.
• You can formally challenge your PCN by using a Notice to Owner form. The
vehicle's owner will automatically receive the form if the PCN has not been
paid within 28 days of this letter. The form offers you the chance to formally
challenge your PCN or pay the full £110.00. If you decide to formally
challenge your PCN, please do not write to us again but wait until the Notice
to Owner form arrives. If we reject your formal challenge you will be given the
opportunity to appeal against our decision to an independent adjudicator. For
more information about the traffic adjudicator please visit their website at
http://www.londontribunals.gov.uk/eat/appe...ocess-explained. Please
note: Should you write back in to the council before the Notice to Owner, the
discounted period will not be placed on hold or reoffered.
How to pay
• Online at www.merton.gov.uk/pay.
• By phone 020 8545 3518 (24 hours). Please note that we do not accept
AMEX or Diner’s Club Cards.
• Post Office (cash or a debit card only) or at Pay Point Shops (cash only)
using the bar code as shown on this letter or on the PCN.
• By post Please make your cheque or postal order payable to ‘London
Borough of Merton’, write your PCN number (MT.........), vehicle registration
and your address on the back, then send it to the address above.
• Please note London Borough of Merton does not offer payment or
instalment plans for PCNs. Payment is made when it is received by the
council and not from the date written on a cheque or the date payment is
posted. The council cannot be held responsible for any payments that are
delayed or lost by the Postal Services. Parking Services
Yours sincerely
Parking Services


They are clearly wrong, as pointed out above, the vehicle was parked in a marked bay, where parking was indeed permitted (for 1 hour) and as such I shall be making a further appeal. Can anyone clarify if we truly do need to await the form in the post before we can appeal?
Is there any point replying to this email and pointing out their mistake in the hope they reconsider cancelling before a formal appeal?

Many thanks


i wouldn't , i would wait for the NTO then go at them. Their policy cannor trump legislation regardless of what they want
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chuck990
post Wed, 14 Mar 2018 - 11:46
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QUOTE (stamfordman @ Wed, 14 Mar 2018 - 12:10) *
Where are the council's pics? have you checked for them?


No pics seen as of yet. Apart from the paper ticket and this email, there has been no correspondence.

The plan then seems to be to wait for the NTO and appeal "formally", I'll draft something in anticipation in the next few days and post here
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stamfordman
post Wed, 14 Mar 2018 - 11:49
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You've checked here?

https://parkingweb.merton.gov.uk/pcn/
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Mad Mick V
post Wed, 14 Mar 2018 - 12:12
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OP----you have strong grounds based on the legislation. Merton have fettered their discretion by indicating the grace period does not apply because you were in a clearly marked, designated parking place.

If they can't be bothered to apply the law, much less understand it, then their pursuit of the PCN must be seen as vexatious and wholly unreasonable. Tell them you intend to apply for costs if this matter proceeds to adjudication.

Mick
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cp8759
post Wed, 14 Mar 2018 - 15:29
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QUOTE (PASTMYBEST @ Wed, 14 Mar 2018 - 11:14) *
i wouldn't , i would wait for the NTO then go at them. Their policy cannor trump legislation regardless of what they want

+1, wait for the NtO. It's hard to see how you could lose, providing you follow the process.


--------------------
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.
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chuck990
post Fri, 16 Mar 2018 - 15:26
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Hi all,

Just reading through the "The Secretary of State's Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions".

Can anyone clarify; the section on grace periods is as follows:

QUOTE
Grace periods
8.13 Parking policy should be designed to enable people to access the community and carry on their business as easily as possible. Whilst it is important to nundertake enforcement, to prevent abuse of parking facilities to the detriment of the majority, enforcement should be sensitive, fair and proportionate. This would not be the case if a driver received a penalty charge notice (PCN) for returning to their vehicle only moments after the expiry of a period of permitted parking. Therefore, the law requires that a penalty charge must not be issued to a vehicle which has stayed parked in a parking place on a road or in a local authority's car park beyond the permitted parking period for a period of time not exceeding 10 minutes. The grace period applies to on-street and off-street parking places provided under traffic orders, whether the period of parking is paid for or free. Any penalty charge during the 10-minute grace period would be illegal, unless the vehicle itself is parked unlawfully (e.g. where the motorist has not paid any required parking fee or displayed a parking ticket where required).

8.14
It is important that all civil enforcement officers understand that grace periods only apply to designated parking places where a person is permitted to park. A road with a restriction (e.g. single yellow line) or prohibition (e.g. double yellow line) is not a 'designated' parking place either during - or outside of - the period of the restriction or prohibition.


Because the spot in question has white markings, "P" signs and designated parking hours, it is indeed a "designated" parking place correct? Therefore the yellow line rule/exemption as above does not apply
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