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PCN Tamside Council, Parked for longer than permitted
Daz Clayton
post Wed, 20 Nov 2019 - 21:58
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Hi Guys
having a hard time with a jobsworth at tameside council, on the 02/10/2019 i parked my van in a 1 hour space with no return. left well within the hour and parked back up in a different bay on the street later on, then came out to a parking ticket.
on the 08/10/2018 I Emailed their parking team asking for the photos and a copy of the TRO for the street

I am in receipt of a Parking Ticket for one of our vehicles parked in Hyde Gtr Manchester on the 2/10/2019.
Could you please supply us photographic evidence, also a copy of the traffic regulations for that street as we were loading at the time and wish to see if we have contravened any regulations.
Many thanks,

only to be met by some mini Hitler who thought it was an appeal, even though i only asked for information,
anyway they submitted 2 photographs in EMZ format in the lowest quality imaginable, and no copy of the TRO, and said they have taken into consideration my appeal but it had been denied and said to wait for the NTO.
Received NTO 05/11/2019 again with no proof of the contravention as i thought i might at least get some photographs.
i emailed them back on 15/11/2019 saying

I note your explanation of the supposed contravention but i asked for all photographic evidence and a copy of the TRO, Traffic regulation order in order to submit our representations and appeal the ticket, instead you have forwarded 2 photographs which are unreadable and not in a known format so cannot be scrutinized, also a copy of the TRO for corporation street, hyde has not been sent, in order for us to give full representations to contest the ticket we require all photographic evidence and the TRO as requested, please also confirm that when all photographic evidence is supplied that it is all the photo's you have of the contravention as photos that haven't been submitted when requested cannot be used later to contest our appeal. Please can you put my appeal on hold to give enough time for you to provide what we have asked for and time for us to scrutinize the evidence given for an appeal. I then get an email back yesterday with this response I refer to your recent correspondence in conjunction with the above Penalty Charge Notice. I note this is the second challenge you have made prior to the Notice to Owner being sent out to yourself. After careful consideration of the facts that you presented on your original letter the decision made by the Council was to uphold the PCN.

If you wish to appeal that decision again you will need to wait for the Notice to Owner which is issued /served to the registered keeper.

Please refer to the rejection of challenge letter sent to you for further details.

Regards Parking Services




They obviously a very evasive at giving out any sort of evidence that can be contested, you can clearly see they don't want hand it over and instead want me write my appeal by quail and ink and send back by carrier pigeon in the hope i don't bother and cough up the funds for for the diabolic reasons of loading and unloading my van.

anyone have any ideas what my next move should be as obviously they don't want to cough up the evidence I've asked for and would prefer it if i waited for my appeal to timeout.




cheers







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post Wed, 20 Nov 2019 - 21:58
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Daz Clayton
post Fri, 20 Dec 2019 - 01:20
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no problem i shall keep you in the loop
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Daz Clayton
post Tue, 7 Jan 2020 - 01:08
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i got this via email
our appeal has been registered and the authority has confirmed the details.

What happens next?
They will now decide whether to contest your appeal.

How long will this take?
We have asked them to do this within 14 days.

Please be advised that between 19th December 2019 and 8th January 2020 the Adjudicators have directed that any deadlines will be extended by 7 working days to take account of the Christmas and New Year holidays.

What happens if the authority decides not to contest the appeal?
If the authority decides not to contest your appeal you will be notified that you have won the appeal and have nothing to pay.

What happens if the authority decides to contest the appeal?
If the authority contests your appeal they will then upload any evidence into your case file. We will send you an email if this happens and you will be able to log on, view their evidence and comment on it. You will also be able to ask for a telephone hearing if you wish.

How can I keep track of what is happening with my case?
You can log onto your account at any time to review progress in your online case file:

https://foam.trafficpenaltytribunal.gov.uk

If the text above does not appear as a link, please copy and paste it into your web browser to view.

If you have any questions you can also contact us on the Freephone number below.

Kind regards,
this was registered on the 20th December so how long do the council get to submit their reps?? as they have yet to submit any evidence
cheers
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Daz Clayton
post Mon, 13 Jan 2020 - 07:34
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does anyone know how long it is till they have to respond??

cheers
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cp8759
post Tue, 14 Jan 2020 - 17:28
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The council has a 7 day deadline to respond, as this has been missed that's another procedural impropriety that you can add to the list.


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Daz Clayton
post Wed, 15 Jan 2020 - 17:54
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they have just responded today, i'll upload their evidence for you to scrutinise
here is all the evidence they've submitted
Thanks
https://www.dropbox.com/sh/z795yfzn0cunfkb/...ddZKsIzVWa?dl=0





This post has been edited by Daz Clayton: Wed, 15 Jan 2020 - 18:23
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PASTMYBEST
post Fri, 17 Jan 2020 - 15:54
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I am unwell so cannot help. I have asked another member to look at this for you


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hcandersen
post Fri, 17 Jan 2020 - 16:11
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OP, before I look further, in whose name did you register the appeal?

As the papers show, you are not the owner, this is a company. You cannot appeal in your own name.
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Daz Clayton
post Fri, 17 Jan 2020 - 19:47
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registered in my dads name as its his vehicle, i didn't appeal in my name
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Daz Clayton
post Fri, 17 Jan 2020 - 20:51
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QUOTE (PASTMYBEST @ Fri, 17 Jan 2020 - 15:54) *
I am unwell so cannot help. I have asked another member to look at this for you


thanks pal, appreciate it
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Daz Clayton
post Fri, 24 Jan 2020 - 01:19
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Hi Everyone

just an update, cp8789 helped with my appeal to the adjudicator, and Ive just heard back today that the appeal was upheld so another win for you boys and a win for me.

thank you to all that helped on the thread and those who helped with the appeal, especially PASTMYBEST and CP8789, i cant thank you enough



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hcandersen
post Fri, 24 Jan 2020 - 09:09
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Let's see the decision.

Your facts seemed cut and dried, so it will be interesting to see the adj's take on matters.
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cp8759
post Sun, 26 Jan 2020 - 20:28
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Darren Clayton v Tameside Metropolitan Borough Council (TM00069-1912, 23 January 2020) here http://bit.ly/3aTQCI2

Along the lines of what I expected. I wrote the appeal but the adjudicator quoted the relevant part in the decision itself, so I won't bother re-posting it.

This post has been edited by cp8759: Sun, 26 Jan 2020 - 20:29


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Daz Clayton
post Sun, 26 Jan 2020 - 23:37
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thanks for clarifying pal, really appreciate all the help received
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