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PCN 27 Parked In Front Of Unused Premises
Be Sensible
post Tue, 3 Mar 2020 - 16:13
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I received a PCN 27 on 21st February for parking adjacent to a dropped footway.
I admit I was parked adjacent to the dropped kerb however:-

1. I have been parking in that location for at least the last 4 years and never received a ticket before.

2. The business served by the entrance adjacent to the dropped kerb closed down about 6 years ago and the
gate on that entrance is locked.

3. There is another entrance to the business 3 car lengths away.

4. I have asked passing wardens on many occasions if it was o.k. to park there and been told yes because the
business is closed.

5. The road markings are confusing because the white hatched parking bay markings run nearly the full length
of the road. There are no breaks and returns to the kerb at the two entrances or at the entrance to the
adjacent private car park. - See Google Street View pictures.

6 The hatched line is only broken and returned to the kerb outside the Unison offices further down the road
and this entrance has double yellow lines across it.

7. Which takes precedent? The parking bay hatching or the dropped kerb.

8. If you can't park adjacent to that kerb why isn't the parking bay hatching broken and returned to the kerb?

9. Since the business shut down the area has been used as a parking area for another local business.
to maximise the number of cars that could park in there the gate on the entrance where I parked has been locked so that
cars could park across it.

10. I have never seen another car ticketed for parking in that location, and I use that street to park 3 or more
times a week. Since I received my ticket other cars have been parked in the same place and not received a ticket.

11. A local mobility shop less than 30m away shut down last year. The shop had a dedicated Disabled/Loading bay on
the road outside. Since it shut down cars with and without disabled badges park there. I've never seen one ticketed.

12. The observation time was only 3 minutes.

I think the ticket shouldn't have been isssued. A little common sense and local knowledge would have avoided the need
to serve the ticket.

Copy of PCN and GSV attached.

Your thoughts and advice appreciated.







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PASTMYBEST
post Thu, 11 Jun 2020 - 14:54
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QUOTE (Be Sensible @ Thu, 11 Jun 2020 - 14:39) *
I have the online reference code for the web submission.

The hard copy was delivered and signed for on 29th April at 9:40 am and I have proof of that as well.

Thinking I should nip into town and take their shovel off them.

rolleyes.gif


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cp8759
post Mon, 15 Jun 2020 - 14:38
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QUOTE (Be Sensible @ Thu, 11 Jun 2020 - 14:39) *
I have the online reference code for the web submission.

The hard copy was delivered and signed for on 29th April at 9:40 am and I have proof of that as well.

Thinking I should nip into town and take their shovel off them.

To be honest if they force you to go to the tribunal, you've got a chance of getting a costs order against the council.


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Be Sensible
post Mon, 15 Jun 2020 - 15:01
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Thanks for that.

I'm pretty annoyed with the council over this.

They are out of time with their reply so the ticket should be cancelled immediately.

Forget their ignorance of the Traffic Management Act or their lack of knowledge about their own published parking regulations.

They've messed up with the 56 day response deadline END OF.

Whatever happens now there will be a formal complaint going in.
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cp8759
post Mon, 15 Jun 2020 - 15:14
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Keep your powder dry and make the complaint after the PCN has been cancelled, this gives it a lot more credibility. Many years ago I had some PCNs from a couple of councils and by the end of it, they'd both agreed to re-train their staff.


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Be Sensible
post Thu, 18 Jun 2020 - 09:56
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Morning all,

I've just checked the council website and the amount outstanding has been changed to £0.00

Looks like I've won this one.

Can't wait to receive the confirmation letter / email.

I'll let you know when it arrives.

Thanks for all your help with this.

Cheers
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Be Sensible
post Fri, 19 Jun 2020 - 13:38
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Hello,

I received the Notice of Acceptance of Representations from the council today.
To be honest seems a bit arrogant to me.

I intend to send a formal complaint about the issuing of the ticket in the first place,
their lack of knowledge about the Traffic Management Act, their own published parking
rules and disregard for the time limits involved in receiving and responding to representations.

The council does have a complaints procedure, should I use that or go to the head of the
department responsible for overseeing parking enforcement?

Thanks

This post has been edited by Be Sensible: Fri, 19 Jun 2020 - 13:42
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Incandescent
post Fri, 19 Jun 2020 - 14:03
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Go with the process.
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cp8759
post Sun, 21 Jun 2020 - 01:32
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QUOTE (Incandescent @ Fri, 19 Jun 2020 - 15:03) *
Go with the process.

+1, follow the formal complaints process. Make the focus of the complaint the fact that they need better training.

This post has been edited by cp8759: Sun, 21 Jun 2020 - 01:32


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Be Sensible
post Sun, 21 Jun 2020 - 12:00
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Morning,

Yes re-training is the angle I was going to go for.

Their acceptance letter includes the line:-

" Your penalty charge notice has been cancelled and the Civil Enforcement Officers have been advised about the exception."

Shouldn't they have known about the exception before they go handing tickets out?

I'll let you know what response I get.

Regards



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PASTMYBEST
post Sun, 21 Jun 2020 - 12:03
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QUOTE (Be Sensible @ Sun, 21 Jun 2020 - 13:00) *
Morning,

Yes re-training is the angle I was going to go for.

Their acceptance letter includes the line:-

" Your penalty charge notice has been cancelled and the Civil Enforcement Officers have been advised about the exception."

Shouldn't they have known about the exception before they go handing tickets out?

I'll let you know what response I get.

Regards


And wat about the bu&&er that wrote the informal rejection


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Be Sensible
post Sun, 21 Jun 2020 - 12:12
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Yes, there's lots of points to get across that basically revolve around lack of knowledge, plain ignorance of the regulations and procedures and

also I suspect (based on my conversations with them) attempts to fob people off.

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