PCN for wheels on faded double yellow |
PCN for wheels on faded double yellow |
Sun, 24 Jun 2018 - 10:56
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#1
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Hi,
So i got this PCN for parking at the end of a road full of cars and my back wheels happen to be on double yellows. I was late for work and genuinely didnt realise my wheels were touching them. I went back to photograph the lines and i have attached those, they are faded and my wheels are exactly on the faded parts, so i was going to use this initially as the basis for my appeal. (would i even get far with that?) I am still within the first 14 days and have not made an informal appeal which i was going to do online. I have no access to any information on their website such as photos they took etc. I dont know whether to ask for those first or go straight in with the faded lines? I have attached the PCN for possible errors? Many thanks for any help |
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Sun, 24 Jun 2018 - 10:56
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Sun, 24 Jun 2018 - 11:06
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Look on council site for council pics. show us the location.
This post has been edited by stamfordman: Sun, 24 Jun 2018 - 11:17 |
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Sun, 24 Jun 2018 - 11:22
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#3
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Hi,
I have gone back to cheshire east site and can not find access anywhere, only links to how to pay, appeal and a list of contraventions and mitigating circumstances. When i go to the appeal page it states: The civil enforcement officer will have taken photographs of the offence and will have made notes of any conversation that took place. We will review this information, along with your appeal and evidence before making a decision. |
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Sun, 24 Jun 2018 - 11:26
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#4
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
post the council photos.
regulation 3(2)(b)(ii) is missing from the PCN or at least in a form that complies this is ground for cancelation on its own -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 24 Jun 2018 - 11:33
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#5
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Thanks for the replies,
This is the location, my car would have been exactly behind that black car. |
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Sun, 24 Jun 2018 - 11:44
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
We know the location, you really need to show us the council photos.
-------------------- 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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Sun, 24 Jun 2018 - 11:49
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#7
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Can anyone guide me to where exactly i can see the images, i have been looking for them since i got the ticket
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Sun, 24 Jun 2018 - 11:53
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#8
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
PM me the car reg and PCN number and I'll have a look. Not all councils put them online.
This post has been edited by stamfordman: Sun, 24 Jun 2018 - 11:53 |
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Sun, 24 Jun 2018 - 12:12
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#9
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
If this is of any help, its the photo i took when i found the ticket..
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Sun, 24 Jun 2018 - 12:17
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#10
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
If this is of any help, its the photo i took when i found the ticket.. We need to see further back to the rear of your car, hence the request for council photo's. At the moment given your photo and that of GSV, the lines are (IMHO) borderline "substantial compliance". |
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Sun, 24 Jun 2018 - 12:22
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#11
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I also agree the lines are substantially compliant.
-------------------- 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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Sun, 24 Jun 2018 - 12:24
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#12
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
At the minute i have no council photos, what do you reckon is the best way to go about the informal appeal. should i stick to the regulation 3(2)(b)(ii) is missing/request photos or say the lines are not compliant?
thanks |
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Sun, 24 Jun 2018 - 12:30
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#13
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Seems you have to enter your details to challenge and there's no indication that you can review pics online. You can though email them and ask.
But you might just as well make a challenge on poor markings and maybe minimal encroachment - they will no doubt produce the pics if (when) they reject and will reoffer the discount. Adding PMB's point first gives you two grounds to challenge on. |
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Sun, 24 Jun 2018 - 12:34
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#14
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Thanks for all the help, will keep you posted.
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Sun, 24 Jun 2018 - 14:12
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#15
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
You are parked right at a junction, next to a dropped kerb. The lines will not save you
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 24 Jun 2018 - 15:00
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#16
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Can't see any adjudicator finding on lines being inadequate.
Especially given proximity to corner and Dropped Kerb, both of which should put a driver on notice that they may be in contravention (actually are re the corner but not something council can penalise for) |
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Mon, 25 Jun 2018 - 18:21
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#17
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Hi All,
I emailed the council yesterday asking for photos and they have sent them today, see below(yes he actually took 10 photos). Looking at the other replies, would i have a chance with appealing with the 2 points mentioned previously or is it best to pay up? Thanks! |
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Mon, 25 Jun 2018 - 18:56
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#18
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Before the end of the 14 day period send this
I challenge PCN number xxxxx on the ground that the authority commit a procedural impropriety, in failing to comply with regulation 3(2)(b)(ii) of the appeals regulations. Procedural impropriety is a statutory ground and if found the PCN must be cancelled. Lets see what they come back with before deciding whether to risk the discount or not. Make sure you get and e mail acknowledgement of free proof of posting from the post office -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 25 Jun 2018 - 20:11
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#19
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Member Group: Members Posts: 49 Joined: 24 Jun 2018 Member No.: 98,585 |
Hi,
Thank you for your response, I'm assuming this Procedural impropriety is a statutory ground and if found the PCN must be cancelled., is for my info only? Would this sound okay? I challenge PCN number xxxxx Firstly due to the poor markings and minimal encroachment of the vehicle as proved by the photos taken by your CEO. Secondly, on the ground that the authority has committed a procedural impropriety, in failing to comply with regulation 3(2)(b)(ii) of the appeals regulations. I would therefore expect this PCN to be cancelled with immediate effect. |
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Mon, 25 Jun 2018 - 20:54
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#20
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Hi, Thank you for your response, I'm assuming this Procedural impropriety is a statutory ground and if found the PCN must be cancelled., is for my info only? Would this sound okay? I challenge PCN number xxxxx Firstly due to the poor markings and minimal encroachment of the vehicle as proved by the photos taken by your CEO. Secondly, on the ground that the authority has committed a procedural impropriety, in failing to comply with regulation 3(2)(b)(ii) of the appeals regulations. I would therefore expect this PCN to be cancelled with immediate effect. No include it in the challenge For your benefit, I would not risk the discount on that alone but as they will re offer the discount lets see if we can get a hash of a response to add some meat -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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