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PCN Mcr CC when at Christies Hosp.
francis1969
post Tue, 20 Feb 2018 - 17:56
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Hi All, new member and hoping for some advice. Info on PCN:

PCN No/Served on 16/02/2018 11.45/by CEO MC1203
who had reason to believe that the following contravention had occurred and that a penalty charge is now payable: 02
Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force

PCN then lists date/time/location Cotton Lane, Withington/vehicle reg/make/colour/and observed from 11.45 to 11.45

Then has info regards £70 payable or £35 in paid within 14 days (it is whilst I have this short window of 7-10 days to make enquiries
with you good people before any decision is made to pay or argue-I only mention this as, yes it would be very easy to pay
£35 and forget about it, but if there is reason to fight the I will. What is weighing on my mind is that over the coming weeks and months
our time (my wife and I) time, energy & stess levels will be high as due to commence stem cell transplant and all that entails

Received PCN from Manchester CC on Friday, 16/02/2018 whilst attending The Christie hospital for chemotherapy.
Am not so computer savvy and would ask youu to bear with me-car was parked at location below which I have had to
take from google maps-if the info below is copied and pasted it should come up with a google map image showing Cotton Lane,
Withington.

https://www.google.co.uk/maps/@53.429726,-2...33;8i6656?hl=en

In the image you can see a white car which is parked in a disabled bay. We were parked to the right of this vehicle
admittedly on double yellow lines but am in possession of blue badge. I know there are double yellow stripes on the kerbstones
but many of these are very faded (however, this may be a moot point). I have read in previous post, but may have misunderstood,
that if we were not loading or unloading the double yellow kerblines cannot be relied upon as evidence. We have letter confirming
appointment at The Christie.

We normally park on the opposite side of the road in image, on double yellow lines that are on the road (but not on kerbs) with
blue badge and clock and never had PCN (in fact this is 1st since being under Christies, this time around for past 14 months).

Many thanks for reading and grateful for any assistance, help and advice on matter.
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post Tue, 20 Feb 2018 - 17:56
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stamfordman
post Tue, 20 Feb 2018 - 18:11
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You can't usually use a BB on double yellows with a loading/unloading restriction - I think some authorities do allow it but I doubt Manchester does.

Post the PCN - take pics and use a pic site such as Imgur or Flickr and post links.

This post has been edited by stamfordman: Tue, 20 Feb 2018 - 18:20
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francis1969
post Tue, 20 Feb 2018 - 19:06
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Hi Stamform man, Many thanks for your quick reply. I think you may have hit the nail on the head with 'double yellows'! In a previous post I had quckly scanned over I saw the following advice from another member (Bogsy) in answer to post 'Faded and Unclear Kerb Lines' which relates to single yellow lines on road.

'The council’s TRO makes it clear that a disabled person’s vehicle is permitted to wait up to 3 hours on any length of road subject to prohibited waiting. The location where I parked is subject to prohibited waiting but as my vehicle was displaying a disabled person’s badge then my vehicle was parked in accordance with the exemptions within the TRO. The TRO does prohibit loading at this location but my purpose for waiting was not loading or unloading and therefore my vehicle did not contravene this restriction. The TRO clearly permits a disabled persons vehicle to park on a single yellow line and as I am also lawfully permitted to park adjacent to a “No Loading” restriction (so long as I’m not loading/unloading) then it is clear to any sensible person that the alleged contravention did not occur. Therefore I expect the council to acknowledge their error and cancel this penalty charge forthwith.'

My origina thought was that there may be some way out if road markings and kerb markings were faded/not immediatley noticeable. However, If they have got me fair and square then shall not pursue, pay dues and concentrate on SCT forthcoming and put energy into getting well. MT's and take care.
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stamfordman
post Tue, 20 Feb 2018 - 19:14
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If the blips/tiemplate weren't clear to you then it could be worth a challenge.

It's up to each council which exemptions it will allow on double yellows with blips but very few allow BB parking I expect.

You can download Manchester's parking policy here:

https://www.google.com/url?sa=t&rct=j&a...Um2FzG9J8jC9Q2a


The Blue Badge Scheme handbook explains the rules in full, but here are the main rules
about using a disabled badge:
• Meters and Pay & Display bays, Disabled Parking Bays: Blue Badge holders may
park here for an unlimited time provided the Blue Badge is clearly displayed.
• Single or double yellow lines with stripes on the kerb: the white `No loading` signs
mean that parking at certain hours (the signs show which hours) is not permitted -
even to load or unload. Single or double yellow lines without stripes on the kerb:
Blue Badge holders can park here for up to three hours provided the Blue Badge is
clearly displayed with the ‘clock’ (showing time of arrival).
• Bays signposted `Loading only`: Blue Badge holders may only park here if loading
or unloading continuously.
• Bays signposted `Taxis only`: Blue Badge holders are not allowed to park here at
any time.

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hcandersen
post Tue, 20 Feb 2018 - 22:28
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Manchester's website:

http://www.manchester.gov.uk/info/274/disa...rking_permits/2

The governing legislation does not require councils to exempt vehicles displaying a BB from parking where loading restrictions apply and for good reason, and I don't know any which include this voluntarily.

As 8(1)(a) does not apply, neither does 8(2) i.e. the requirement for the exemption:

http://www.legislation.gov.uk/uksi/2000/68...gulation/8/made
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DastardlyDick
post Tue, 20 Feb 2018 - 23:07
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Unless the PCN itself is defective, your only chance (IMO) is to ask the Council to exercise their discretion - genuine error, BB Holder, chemo appointment etc.
This will at least put the Penalty on hold while they think about it, and even if they reject your appeal, they'll re-offer the discount.
Hope everything goes well with your treatment.
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stamfordman
post Tue, 20 Feb 2018 - 23:33
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QUOTE (DastardlyDick @ Tue, 20 Feb 2018 - 23:07) *
Unless the PCN itself is defective, your only chance (IMO) is to ask the Council to exercise their discretion - genuine error, BB Holder, chemo appointment etc.
This will at least put the Penalty on hold while they think about it, and even if they reject your appeal, they'll re-offer the discount.
Hope everything goes well with your treatment.


+1

It's usually worth putting an authority to the test of discretion for a BB holder in my view.
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