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Penalty Charge Notice, Blue Badge
MrSlaphead
post Sun, 30 Jul 2017 - 18:45
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Hello my friend is disabled and has a blue badge . He parked in a space where you could park 3 cars in 2 disabled spaces outside his hotel where there is no time limit . He has had a pcn for parking outside bay , he was parked in the middle of 2 other cars . Is it worth appealing or does he not have a leg to stand on ?
I have noticed that car was observed for less than 1min before ticket issued and cars were parked like this the whole week he was staying and no one else got pcn as far as I'm aware
Appreciate any help please
Regards
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This post has been edited by MrSlaphead: Sun, 30 Jul 2017 - 19:34
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post Sun, 30 Jul 2017 - 18:45
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stamfordman
post Sun, 30 Jul 2017 - 19:01
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Is it here:

https://www.google.co.uk/maps/@52.0386696,-...3312!8i6656

Or maybe here outside Holiday Inn:

https://www.google.co.uk/maps/@52.040055,-0...3312!8i6656

There is an obvious problem in taking space supposed to be for people to get in and out easily.

If you can get the council's pics that would help.

I'm not sure the PCN code is correct - others will advise.

Also, the location may be wrong - that slip road is maybe Cresswell Lane and has both hotels on it?

This post has been edited by stamfordman: Sun, 30 Jul 2017 - 19:20
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DancingDad
post Sun, 30 Jul 2017 - 19:10
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You need to confirm location, is the streetview link right ????

Cos if it is, the contravention cannot have occurred with your mate was parked nose into the kerb.

Council photos will confirm.

Don't expect Milton Keynes to roll over on this easily, they have used this contravention before in circumstances that beggar belief and do not accept error easily.
But if your mate was parked into the kerb, cannot lose as long as they stick with it.
They will likely tell you (as you refer to as well) that is for not being in a bay.
That is incorrect, it is for parking more then 50cm from the edge of the carriageway, the bit about not being in a designated parking bay refers to an exemption, not the contravention.
This is the legislation, Section 85 Traffic Management Act 2004
http://www.legislation.gov.uk/ukpga/2004/18/section/85

This post has been edited by DancingDad: Sun, 30 Jul 2017 - 19:13
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MrSlaphead
post Sun, 30 Jul 2017 - 19:37
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Hi He was in bay outside holiday inn

Also Midsummer Boulevard is the main road , he was in Cresswell Lane you already mentioned

This post has been edited by MrSlaphead: Mon, 31 Jul 2017 - 13:37
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MrSlaphead
post Mon, 31 Jul 2017 - 13:37
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Could anyone tell my friend how to proceed please he is not the best at challenging paperwork mistakes
Many thanks
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stamfordman
post Mon, 31 Jul 2017 - 13:44
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I can't see that you view pics online so email:

mkparking@milton-keynes.gov.uk

and ask for pics, quoting the PCN number. Also, what's on the back of the PCN - there should be something about viewing evidence.

By the way, this is you I take it - no need to disguise driver identity on council matters, only for private PCNs.
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DancingDad
post Mon, 31 Jul 2017 - 14:03
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Dear Sirs
Ref PCN ????

The contravention did not occur.
My vehicle was parked nose/tail into the kerb and overhanging the kerb.
Therefore it cannot have been more then 50cm from the edge of the carriageway.
I am sure that your CEO pictures will confirm.

The contravention did not occur
My vehicle was parked within parking spaces outside the Holiday Inn on Cresswell Lane.
Not on Midsummer Boulevard as the PCN alleges.

Given the two items above, the PCN cannot be enforced and I look forward to your confirmation of cancellation.
Should you decide not to cancel, I require all CEO photos and notes that you may rely upon in further enforcement action and a statement from your legal team exactly why Section 85 of the Traffic Management Act 2004 is being applied as this PCN alleges.
Hugs and Kisses

Personally I'd send the above rather then mess around getting pictures and possibly getting delayed out of process.
Change nose/tail as needed but apart from that you can send as is.
Don't forget to include postal address and name for any replies

Don't panic if they reject, just get back to us.
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MrSlaphead
post Mon, 31 Jul 2017 - 23:32
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Thanks so much for the letter , his car was reversed into bay so that will be tail yes ? Does he email or write to address also ?
Appreciate all your help

This post has been edited by MrSlaphead: Tue, 1 Aug 2017 - 19:12
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nosferatu1001
post Tue, 1 Aug 2017 - 08:15
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You send it to the exact location they specify. If they give email, use email. If they only give an address, use the address. If posting, post |FIRST CLASS with FREE PROOF OF POSTING. No other method.

Nose is the front, tail is the rear wink.gif
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hcandersen
post Tue, 1 Aug 2017 - 08:37
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OP, you started with 'my friend was parked' and now it's 'my car was reversed..'

Who is the registered keeper and on whom can we rely for first-hand info?
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MrSlaphead
post Wed, 9 Aug 2017 - 09:26
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QUOTE (DancingDad @ Mon, 31 Jul 2017 - 15:03) *
Dear Sirs
Ref PCN ????

The contravention did not occur.
My vehicle was parked nose/tail into the kerb and overhanging the kerb.
Therefore it cannot have been more then 50cm from the edge of the carriageway.
I am sure that your CEO pictures will confirm.

The contravention did not occur
My vehicle was parked within parking spaces outside the Holiday Inn on Cresswell Lane.
Not on Midsummer Boulevard as the PCN alleges.

Given the two items above, the PCN cannot be enforced and I look forward to your confirmation of cancellation.
Should you decide not to cancel, I require all CEO photos and notes that you may rely upon in further enforcement action and a statement from your legal team exactly why Section 85 of the Traffic Management Act 2004 is being applied as this PCN alleges.
Hugs and Kisses

Personally I'd send the above rather then mess around getting pictures and possibly getting delayed out of process.
Change nose/tail as needed but apart from that you can send as is.
Don't forget to include postal address and name for any replies

Don't panic if they reject, just get back to us.


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DancingDad
post Wed, 9 Aug 2017 - 10:15
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Why am I not surprised.

Muppets !

Could you post the photos in full please?

They are conflating the need to be in a bay with the 50cm, double parking rules...... should not be allowed out without a keeper this lot.
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MrSlaphead
post Wed, 9 Aug 2017 - 10:24
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Hello I'm trying to post the photos of car but says I've used all my available space , any ideas
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John U.K.
post Wed, 9 Aug 2017 - 10:40
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QUOTE (MrSlaphead @ Wed, 9 Aug 2017 - 11:24) *
Hello I'm trying to post the photos of car but says I've used all my available space , any ideas

Try this:
Do not attach docs/photos, but use this method:
Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0
for how to do it. I use Tinypic for stage 2 with no problems. Thera are other sites, such as Flickr, which enable you to paste the BBCodes into your post here.
STAGE 1 takes care of resizing. If you use Tinypic for Stage 2, on the left each image in Tinypic is a list of links. Highlight and copy the entire link 'for forums' from the list for each image - beginning with IMG and ending /IMG (include all the square brackets [ ] ), and paste each link into your post. Each copied and pasted link will embed a thumbnail link in your post.

Using the attachment method is not advised as it means quickly running out of attachment space.

Redact/obscure name, address, PCN number and reg.mark.
LEAVE IN all dates/times; precise location, Contravention code and description.

Also post up a GSV (Google Street View) link to the location.
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MrSlaphead
post Wed, 9 Aug 2017 - 14:24
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It's just not working , is there a way I can email them to you to post . Really sorry I haven't a clue what I'm doing 😡😡😡
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stamfordman
post Wed, 9 Aug 2017 - 14:35
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Have sent you a private message.
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stamfordman
post Wed, 9 Aug 2017 - 15:06
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Letter with pics follows - has got your name and car reg but I'll delete the pics when we're done.

Agree with DD - a bizarre wrong contravention situation surely.

image11 by stamfordman, on Flickr
image2 by stamfordman, on Flickr
image1 by stamfordman, on Flickr

This post has been edited by stamfordman: Wed, 9 Aug 2017 - 15:16
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PASTMYBEST
post Wed, 9 Aug 2017 - 15:42
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QUOTE (stamfordman @ Wed, 9 Aug 2017 - 16:06) *
Letter with pics follows - has got your name and car reg but I'll delete the pics when we're done.

Agree with DD - a bizarre wrong contravention situation surely.

image11 by stamfordman, on Flickr
image2 by stamfordman, on Flickr
image1 by stamfordman, on Flickr


yep they might have got you on not parked within the markings of the bay but not the 50cm restriction
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MrSlaphead
post Wed, 9 Aug 2017 - 16:10
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Anywhere can go with it or is it a case of pay before it goes up ? They didn't even mention the fact contravention happened on different road to what was put on ticket
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DancingDad
post Wed, 9 Aug 2017 - 16:16
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No way do you pay up !!!

The situation is normal for Milton Keynes.
They slap on a PCN for a dubious contravention (or non existent in this case) and when challenged their contractors spew out a load of old rowlocks that make it seem as though black is white.

The one photo that shows the full car shows the tail very close to the rear kerb, certainly close enough that with nothing to contradict, any adjudicator would give the benefit of the doubt.
Couple that with a rejection letter that misses one point and deals with the other as though it is a totally different contravention, you cannot lose.
Just need to hold your nerve and go through the process.
Which we will help you with.
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