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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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DancingDad
post Tue, 5 Sep 2017 - 18:44
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I would add the Creswell Lane bit, though even I hesitate to mess with such a thing of beauty.

I would add as below
QUOTE
The contravention did not occur for the following reasons:
The alleged contravention did not occur where cited. The place in question is Cresswell Lane, a matter that can easily be established on local maps.
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.
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hcandersen
post Tue, 5 Sep 2017 - 19:43
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Just a rough draft!

😉
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MrSlaphead
post Wed, 6 Sep 2017 - 12:39
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One last thing . I have to write this yea 😝😝😝
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DancingDad
post Wed, 6 Sep 2017 - 19:51
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QUOTE (MrSlaphead @ Wed, 6 Sep 2017 - 13:39) *
One last thing . I have to write this yea 😝😝😝


Wot copy and paste was invented for biggrin.gif

Use what HCA wrote with my tweak, just add the relevant bits like PCN number.
Keep a copy.
Send it.

This time, Milton Keynes council will likely consider but are no better then their contracted muppets so once again, do not panic if they reject.
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MrSlaphead
post Wed, 13 Sep 2017 - 20:37
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Just wasn't sure if could email or had to hand write my reply ? 😬🤐
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DancingDad
post Wed, 13 Sep 2017 - 21:04
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QUOTE (MrSlaphead @ Wed, 13 Sep 2017 - 21:37) *
Just wasn't sure if could email or had to hand write my reply ? 😬🤐


What's it say on the back of the NtO ?

Most councils accept email or on line reps but check the NtO
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MrSlaphead
post Wed, 13 Sep 2017 - 22:10
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Will look in morning , got a feeling I have to send in envelope
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MrSlaphead
post Fri, 15 Sep 2017 - 17:06
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Yes postal only . They do like to make things as difficult as possible don't they . I will print off and send with editing .
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DancingDad
post Fri, 15 Sep 2017 - 20:40
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Post from post office, get a free certificate of posting.
Keep a copy of what you send.
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DJ Lexy
post Fri, 15 Sep 2017 - 21:39
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I'm really not a fan of that parking job. Even if your friend has a blue badge, squeezing between two other cars really wasn't a good idea. They've put two big bays for a reason - somebody could have needed that extra space. You mentioned that nobody else got a PCN. This hints that somebody probably phoned the council to complain and they sent someone round specifically to take a look at that.

Having said that, the council are in the wrong here. They're trying to enforce a completely invalid PCN, and I'm not a fan of that either.

A PCN has to be issued for a specific contravention. A council cannot issue a PCN for one thing, and then try and enforce it for a different reason. I tore Glasgow apart when they tried that on me, and now they're doing it to your friend.

The way your friend parked, he should have received a PCN for contravention 24: "Not parked correctly within the markings of the bay or space". That is the contravention he has committed.

He has not committed the contravention of "Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place". That contravention is for parking along the edge of a street, but obnoxiously far from the kerb, or double-parking.

If this has to go to adjudication (which, considering the half-wit response from Indigo, it probably will) you have an easy win. It doesn't matter if you committed a completely different contravention, the fact is that the contravention they have issued the PCn for for did not happen.
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Neil B
post Fri, 15 Sep 2017 - 21:49
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I'm deeply disturbed at HCA being described as a 'thing of beauty'. ohmy.gif


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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PASTMYBEST
post Fri, 15 Sep 2017 - 22:27
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QUOTE (Neil B @ Fri, 15 Sep 2017 - 22:49) *
I'm deeply disturbed at HCA being described as a 'thing of beauty'. ohmy.gif


I would title the letter representation against notice to owner, it's a bit late now to be useful as a second informal challenge
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MrSlaphead
post Wed, 18 Oct 2017 - 04:26
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Still not heard anything . Don't know if that's good or bad eeeeek
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MrSlaphead
post Thu, 26 Oct 2017 - 19:47
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Good News they've dropped the PCN . Thanks for all your help
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Incandescent
post Thu, 26 Oct 2017 - 20:13
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Well done, persistence pays off but your friend needs to park better next time !
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DancingDad
post Thu, 26 Oct 2017 - 21:10
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QUOTE (MrSlaphead @ Thu, 26 Oct 2017 - 20:47) *
Good News they've dropped the PCN . Thanks for all your help


Dying to see what they said biggrin.gif

They could never win as long as your friend stuck with it and made deadlines.
But they often try to keep their head buried in the sand and then deny any error

Good result
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MrSlaphead
post Thu, 26 Oct 2017 - 21:50
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I'm unable to post photos and I've asked gentleman who posted them before if he will do so again for me . If he doesn't maybe I can email you and you do it for me
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