01 parked in restricted street during prescribed hours..NO YELLOW LINE?, REJECTION ON INFORMAL challinge |
01 parked in restricted street during prescribed hours..NO YELLOW LINE?, REJECTION ON INFORMAL challinge |
Sun, 22 Dec 2019 - 11:27
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#1
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
Rejection of informal challenge. . .
I send challinge about the yellow line , that is missing . they reject it . . ? this is CPZ zone in Liverpool centre , near building dev the evidence is poor , i cant see yellow line , (5 days after this pcn they write new yellow lines who are now there) observation time - they say they observe it 7 min .. but from photos on evidence we see is only 10 seconds difference ................................................................................ ................................................................................ . .... Further details of contravention code 01 Contravention code 01 is summarised as parked in a restricted street during prescribed hours (non-goods vehicles). Jump to table of contents Non goods vehicles Contravention code 01 shall be used for non-goods vehicles (cars, motorbikes, and so on) seen to be parked in contravention on double or single yellow lines. A five-minute observation period will be applied to non-goods vehicles. Single yellow lines Single yellow lines must be accompanied by a time plate which indicates the hours during which the restriction applies. A time plate is not required for single yellow lines within a controlled parking zone (on-street pay and display area). |
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Sun, 22 Dec 2019 - 11:27
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Sun, 22 Dec 2019 - 12:18
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#2
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
They are saying there are yellow lines where you parked, albeit they may be faded or have sections missing due to utility or other road works. The days when you could get a PCN cancelled due to worn lines are long gone, so you'd need some good evidence to back up any appeal against a Notice to Owner.
Give us a GSV link, and tell us exactly where you parked. If you are able to go back and take photos this will be the best evidence as GSV can be months even years out-of-date. |
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Sun, 22 Dec 2019 - 13:54
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#3
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
on pcn date there wasnt lines , definiteky {not faded or damaged - comp-letely no Lines)
. after 5 days they mark new lines who are there now .. i have withness who can confirm where is his evidence ? look on the attached photos- nothing This post has been edited by dragon5: Sun, 22 Dec 2019 - 13:56 |
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Sun, 22 Dec 2019 - 14:18
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#4
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Post the PCN and ALL of the council photos. I can see a yellow line in the GSV, but the complete lack of consideration and the time taken to respond might offer you hope
You have until the 25th of December t pay the discount, with what we have to date we cannot give good advice not to do so This post has been edited by PASTMYBEST: Sun, 22 Dec 2019 - 14:20 -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 22 Dec 2019 - 17:23
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#5
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
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Sun, 22 Dec 2019 - 17:28
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#6
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
there will be more look online or phone and ask them
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 22 Dec 2019 - 20:54
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#7
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Member Group: Members Posts: 29,265 Joined: 16 Jan 2008 Member No.: 16,671 |
there will be more look online or phone and ask them That. -------------------- |
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Mon, 23 Dec 2019 - 17:11
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#8
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
does vitness statement will help on next stage 2 ?
their evidence -photo dont show nothing - isnt ? |
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Mon, 23 Dec 2019 - 19:47
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
does vitness statement will help on next stage 2 ? their evidence -photo dont show nothing - isnt ? I don't know what this means. You need to call the council and ask it to email over all the photos. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 23 Dec 2019 - 20:20
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#10
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
does vitness statement will help on next stage 2 ? their evidence -photo dont show nothing - isnt ? I don't know what this means. You need to call the council and ask it to email over all the photos. they have only this 2 photos ...what i posted , poor resolution and quality , I dont see yellow line |
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Mon, 23 Dec 2019 - 20:46
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#11
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
they have only this 2 photos ...what i posted , poor resolution and quality , I dont see yellow line You need to contact the council and ask if there are any more photos. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 24 Dec 2019 - 21:46
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#12
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
they have only this 2 photos ...what i posted , poor resolution and quality , I dont see yellow line You need to contact the council and ask if there are any more photos. [u]and what after?[/u] This post has been edited by dragon5: Tue, 24 Dec 2019 - 21:46 |
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Wed, 25 Dec 2019 - 00:58
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#13
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
they have only this 2 photos ...what i posted , poor resolution and quality , I dont see yellow line You need to contact the council and ask if there are any more photos. [u]and what after?[/u] And after you get the rest of the photos, you show them to us and we can tell you what the chances are of a successful appeal. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 28 Dec 2019 - 14:01
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#14
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
[/quote] And after you get the rest of the photos, you show them to us and we can tell you what the chances are of a successful appeal. [/quote] the council parking service DONT have another photos or evidence , only this 2 . . . . This post has been edited by dragon5: Sat, 28 Dec 2019 - 14:01 |
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Sat, 28 Dec 2019 - 15:03
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#15
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
the council parking service DONT have another photos or evidence , only this 2 . Has the council confirmed this in writing? -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 28 Dec 2019 - 15:12
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#16
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
no only by telehone. . .?
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Sat, 28 Dec 2019 - 19:42
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#17
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
And we still have not seen the PCN !
GSV is 2015, but shows the lines are virtually non-existent where the OP parked in this rather dingy location. |
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Sat, 28 Dec 2019 - 21:08
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#18
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
no only by telehone. . .? So the confirmation is worth diddly squat. The reason we ask is because the two photos in question do not establish any contravention but if at the tribunal the council pull out 5 other photos that clearly prove the contravention, your appeal will fall flat on its face and you will have thrown away the discount for nothing. On the other hand if the council tells you in writing that there are no further photos and it later turns out there are, you can then claim the council has mislead you and that's a breach of the duty at common law to act fairly, as per R v Secretary of State for the Home Department, ex p. Doody [1993] UKHL 8. As Incandescent points out, you're yet to show us the PCN so for all we know there might be an error on the PCN that makes it invalid. It would also be a good idea for you to go and get some photos of the road yourself so we can see what we're dealing with. We are here to help you but we cannot give you any meaningful advice about what your chances are without having all the relevant information, which only you can get. So to summarise: 1) Show us both sides of the PCN in full, redact the number plate only 2) Get confirmation in writing from the council that there are no further photos 3) Get us some updated photos of the road You only have until midnight on Monday before the discount expires so I suggest you do this on the hurry up. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 29 Dec 2019 - 12:30
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#19
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Member Group: Members Posts: 21 Joined: 22 Dec 2019 Member No.: 107,151 |
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Sun, 29 Dec 2019 - 12:34
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#20
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Take some photos your self and post them then
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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