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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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MrSlaphead
post Wed, 9 Aug 2017 - 21:16
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Thanks , so do I just wait for next letter or do I appeal . Appreciate your help
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MrSlaphead
post Wed, 9 Aug 2017 - 23:10
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So do I wait for them to contact me or do I have to appeal please . You've been fantastic help . Thanks so much 👍🏻
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nosferatu1001
post Thu, 10 Aug 2017 - 04:56
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a) dont post twice bumping within 2 horus. Thats bad form smile.gif
b) the next step, AIUI, is the Notice to Owner. THat is the point at which you make formal reps.
Did they supply anything other than the photos?
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MrSlaphead
post Thu, 10 Aug 2017 - 11:55
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Sorry the first post wasn't showing hence why posted again .

The letter is further up post
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MrSlaphead
post Mon, 14 Aug 2017 - 12:51
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So sit and wait then yea
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PASTMYBEST
post Mon, 14 Aug 2017 - 13:17
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QUOTE (MrSlaphead @ Mon, 14 Aug 2017 - 13:51) *
So sit and wait then yea



yep wait for nto
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MrSlaphead
post Mon, 4 Sep 2017 - 15:48
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NTO arrived today , feel free to help rolleyes.gif
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PASTMYBEST
post Mon, 4 Sep 2017 - 16:01
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QUOTE (MrSlaphead @ Mon, 4 Sep 2017 - 16:48) *
NTO arrived today , feel free to help rolleyes.gif


feel free to post it
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stamfordman
post Mon, 4 Sep 2017 - 22:03
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happy to help

mk

This post has been edited by stamfordman: Mon, 4 Sep 2017 - 22:12
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MrSlaphead
post Mon, 4 Sep 2017 - 22:12
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Thanks so much for posting for me again
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stamfordman
post Mon, 4 Sep 2017 - 22:13
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QUOTE (MrSlaphead @ Mon, 4 Sep 2017 - 23:12) *
Thanks so much for posting for me again


I have updated it hiding your personal details.
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MrSlaphead
post Mon, 4 Sep 2017 - 22:14
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Appreciate it 👍🏻
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PASTMYBEST
post Mon, 4 Sep 2017 - 22:15
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QUOTE (MrSlaphead @ Mon, 4 Sep 2017 - 23:12) *
Thanks so much for posting for me again


There is the WILL/MAY issue re the increase if payment or reps not received. Basically the council fetter their discretion by saying they will do something the regs only allow that they may
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MrSlaphead
post Mon, 4 Sep 2017 - 22:22
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So any suggestions how to play this
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PASTMYBEST
post Mon, 4 Sep 2017 - 22:28
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QUOTE (MrSlaphead @ Mon, 4 Sep 2017 - 23:22) *
So any suggestions how to play this



yep but you have til the 28th Sept so lets mull things over and have a bit of a debate about the best tack
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MrSlaphead
post Tue, 5 Sep 2017 - 15:13
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Ok thanks everyone.
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hcandersen
post Tue, 5 Sep 2017 - 15:14
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Dear Mr. Parking,
PCN ******; VRM *******

I refer to the above PCN dated ***, my representations dated ***, your letter dated ** in which you rejected my reps and your NTO dated ****.

Evidentially the contravention did not occur and therefore, adopting the style used in your letter dated ***, you have the following choices:

To cancel the PCN; or
To either not contest or lose any subsequent appeal and risk incurring costs on behalf of the council.

Should you elect for the second option, I should also make a formal complaint against whoever authorises the Notice of Rejection that they have recklessly risked tax payers' money.

The contravention did not occur for the following reasons:
The alleged contravention requires the authority's evidence to establish three matters of facts i.e. that the vehicle was parked on the carriageway, that no part of it was within 50cm of the edge of the carriageway at any point and that the vehicle was not parked wholly within a parking place.

The tests are sequential and according to the authority's own evidence in the form of photographs taken by the CEO at the time this fails the second test - unless of course the parking place was not even on the carriageway, in which case not only does the evidence fail the first test, the parking place is situated unlawfully on the footway. But for my purposes I accept that the vehicle was parked on the carriageway the concomitant of which (let the b******s look up the meaning of the word) is that the nearest edge of the carriageway lay behind my car and it is this reference point and this only which may be used for the purposes of analysis.

For a reason possibly known only to the CEO no photographs were taken of the edge of the carriageway behind my car or that part of my car closest to it. Similarly, for reasons possibly known only to the authority my initial representations were rejected because you considered that I failed the third test, a point which you laboured in your letter to the exclusion of the first two tests.

In any event, it is clear from your photographs - and if not clear enough for you, I enclose a Google Street Map view showing the line of the edge of the carriageway - that not only do the authority not have any evidence that no part of my car was within the specified distance, parts of my car were clearly within that distance.

The authority's legal burden is to show that each test has been failed.
Your evidence does not.
As above, I look forward to receiving your Notice of Acceptance.

Hugs
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DancingDad
post Tue, 5 Sep 2017 - 15:52
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Oooh, HCA has his grump hat on. smile.gif

Plus 1 BTW, love the draft and nothing to add.

Edit...one thing may as well throw in.

The parking space in question is not where cited but in Cresswell Lane.
I would add it at end of the contravention did not occur paragraph

This post has been edited by DancingDad: Tue, 5 Sep 2017 - 15:57
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MrSlaphead
post Tue, 5 Sep 2017 - 16:10
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I was going to ask about that part Cresswell Lane , surely that alone makes it invalid no ?
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PASTMYBEST
post Tue, 5 Sep 2017 - 17:59
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QUOTE (DancingDad @ Tue, 5 Sep 2017 - 16:52) *
Oooh, HCA has his grump hat on. smile.gif

Plus 1 BTW, love the draft and nothing to add.

Edit...one thing may as well throw in.

The parking space in question is not where cited but in Cresswell Lane.
I would add it at end of the contravention did not occur paragraph


A thing of beauty to behold is it not. cuts short any need for debate rolleyes.gif

Only thing I would add is don't forget to edit out the bit in brackets
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