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01 PCN issue in error I hope
Savage
post Sun, 17 Mar 2019 - 20:48
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Hello everyone,
I live on a busy road with many vehicles parked up. (this is in Bedford)
Yesterday when I got home I couldn't find a parking space and I parked across the road outside the hairdressers which were closed yesterday and today and one of the neighbours (the flat above the hairdressers) notified the council that I'm blocking their access and I got a code 01 PCN. I wasn't blocking their access at the time but someone else parked beside me and they couldn't get in over night. The PCN was issued overnight at 3AM and the 1 yellow line only applies between 8AM to 10PM. After a bit of research I found that the PCN code should have been 27.
If this is the case what would I need to do get this cancelled as invalid when I submit my appeal.
If I'm wrong any other advice is fully appreciated!

I couldn't upload photos to forum.
Links below:








This post has been edited by Savage: Sun, 17 Mar 2019 - 21:01
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post Sun, 17 Mar 2019 - 20:48
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PASTMYBEST
post Sun, 17 Mar 2019 - 20:54
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We need to see the PCN the council photos and a GSV


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DancingDad
post Sun, 17 Mar 2019 - 21:01
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Let's see the PCN and a streetview link to where you were parked please.
If any council photos online would also be useful.

Based purely on what you have said.
Code 01 requires yellow line No Waiting restriction to be operative.
If your timings are right and there is no double yellow line in play then the contravention cited cannot stand.
Simple challenge
Dear Sirs
Ref PCN ????
At the time the alleged contravention took place and the PCN served, there weren't any waiting restrictions in operation.
The contravention cannot be substantiated as I am sure your CEO notes and photos will substantiate.
I look forward to confirmation of the cancellation.
Hugs and Kisses

If any doubt on waiting restrictions, would need to be sweetened a little.
Don't worry on the dropped kerb.
If that is what they meant to cite they should have done, too late now though.

Just looked at your photos.... there is no dropped kerb so Code 27 cannot apply anyway !!




Here
https://www.google.co.uk/maps/@52.1198517,-...6384!8i8192

This post has been edited by DancingDad: Sun, 17 Mar 2019 - 20:58
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Savage
post Sun, 17 Mar 2019 - 21:03
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thanks for you quick responses!
I had problems uploading photos.
Photos are now on smile.gif

This post has been edited by Savage: Sun, 17 Mar 2019 - 21:03
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DastardlyDick
post Sun, 17 Mar 2019 - 21:04
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I know Council's are desperate for money, but I'm amazed that they have CEOs working at 3am!
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stamfordman
post Sun, 17 Mar 2019 - 21:10
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QUOTE (DastardlyDick @ Sun, 17 Mar 2019 - 21:04) *
I know Council's are desperate for money, but I'm amazed that they have CEOs working at 3am!



Bedford are at the cutting edge but only given the OP a close shave.
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Savage
post Sun, 17 Mar 2019 - 21:10
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Thanks for your help DancingDad, I appreciate it!

There is a dropped kerb as per the link on street view.
The PCN hasn't yet been uploaded on the councils website so I can't check details or photos.

I didn't park there to annoy my neighbours, but aparently my neighbour wasn't happy. I did explain to him that I did block his access and that some other car parked beside me, so we both got PCNs sad.gif because of the second car. I did appologise.
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DancingDad
post Sun, 17 Mar 2019 - 21:19
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QUOTE (Savage @ Sun, 17 Mar 2019 - 21:10) *
Thanks for your help DancingDad, I appreciate it!

There is a dropped kerb as per the link on street view.
The PCN hasn't yet been uploaded on the councils website so I can't check details or photos.

I didn't park there to annoy my neighbours, but aparently my neighbour wasn't happy. I did explain to him that I did block his access and that some other car parked beside me, so we both got PCNs sad.gif because of the second car. I did appologise.



You are not on the carriageway but on footway in what looks like a marked parking bay.... cannot be a dropped kerb contravention, that requires being on a carriageway.
Anyway, beside the point.
I suspect that the neighbours phoned the council having a rant.... they sent out a CEO …. who slapped on a PCN to shut them up.
Not often we see one as blatantly wrong as this but the scenario does happen.

Challenge it.
Keep it simple.
Don't lose any sleep on it as long as you do not miss any deadlines you will not lose this one.
And stop annoying neighbours biggrin.gif
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Savage
post Sun, 17 Mar 2019 - 21:22
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Many thanks! thumbsup.gif
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kernow2015
post Mon, 18 Mar 2019 - 06:47
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Perhaps a CEO was showing the owner they were taking action but giving you a chance by issuing with the wrong contravention?
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hcandersen
post Mon, 18 Mar 2019 - 09:20
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OP, can we get the photos sorted out pl.

All those in post #1 were taken in daylight, so not the CEO's contemporaneous photos.

Where are these?

All you need is their photo of the traffic sign. This demonstrates that:
a. It's not a DYL contravention because DYLs do not have time plates as they're 24/7, and
b. At the time of contravention (03.42), see enclosed copy of PCN served by the CEO, the restriction relied upon by the authority (8am to 10pm) was not in effect.

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Savage
post Mon, 18 Mar 2019 - 14:32
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these are all the photos from councils website

I have already submitted the appeal, once again, thanks everyone for all your help!




sorry stamfordman, I had to delete that photo please link another.

This post has been edited by Savage: Mon, 18 Mar 2019 - 15:01
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stamfordman
post Mon, 18 Mar 2019 - 14:41
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Well CEO got the yellow line - well done at 3 am. But no sign.

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DancingDad
post Mon, 18 Mar 2019 - 16:31
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QUOTE (stamfordman @ Mon, 18 Mar 2019 - 14:41) *
Well CEO got the yellow line - well done at 3 am. But no sign. …….


Must need specsavers, canna even see the line.
As long as the sign a few yards up the road that we can see on streetview is there, with same times (I assume that this is the one in OP's photos) and the single yellow is continuous to infront of the shop, nay worries whatsoever.

This post has been edited by DancingDad: Mon, 18 Mar 2019 - 16:32
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hcandersen
post Mon, 18 Mar 2019 - 16:39
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Yep, except we don't need streetview, we have an OP who lives on the spot.

Take a photo with the traffic sign in the foreground showing 8-10 and the continuous single yellow line up to the location of the alleged contravention. Try and capture all relevant facts in one photo if possible.
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