Council PCN Contravention 27 - Have received notice to owner |
Council PCN Contravention 27 - Have received notice to owner |
Mon, 27 Apr 2020 - 20:44
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#1
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Member Group: Members Posts: 26 Joined: 27 Apr 2020 Member No.: 108,577 |
Hello to all the forum friends out there,
I received a windscreen council PCN on 14th February 2020 and challenged it. They did not cancel my pcn and i have now received my notice to owner. I want to challenge this again based on procedural impropriety, which may be the wrong challenge angle. I have the original pcn from windscreen, decision letter on my challenge from the council, images taken and notice to owner. Before I moved the car after receiving the pcn i also took my own images to show what the traffic warden did not want to show with his images. I received the PCN for contravention 27. The driveway is a double wide driveway. I have and my other neighbours in the area for the last 20 years have been parking in the space with no issues but recently a few of us who park there have been receiving PCNs. I not sure what to post here or whether I should post it all and blank out as much person info that could identify my PCN as possible???? I read the read this first sticky post and posting pictures and now I want to make sure i get it right the first time. I am new here and apologise for any idiocy or simple mindedness in advance. I want to right an appeal/ new challenge again as I truly believe the PCN should not have been issued/ was issued incorrectly even if the property owner requested it. Thank you in advance |
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Mon, 27 Apr 2020 - 20:44
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Fri, 15 May 2020 - 17:13
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#41
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Member Group: Members Posts: 26 Joined: 27 Apr 2020 Member No.: 108,577 |
Ok great thank you very much PMB, HC, LL and SM i will let you know the response
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Fri, 15 May 2020 - 20:06
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#42
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Member Group: Members Posts: 26 Joined: 27 Apr 2020 Member No.: 108,577 |
Call me Mr Picky, and this would be mild... but with respect MMV, the OP's task is not to show they were parked 'legally', just that they were not parked as alleged in the contravention! I would not want to get drawn into or distracted by footway parking matters. @hca You are picky, that's one of your strengths and long may it continue. Keep my comments in mind should the appeal hit problems. Mick Thank you all so much! I will let you know what happens |
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Thu, 28 May 2020 - 19:28
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#43
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Member Group: Members Posts: 26 Joined: 27 Apr 2020 Member No.: 108,577 |
Err, that's 2 grounds not 3, isn't it? Yes I decided to incorporate the photos issue in with the 2nd ground, them not being required. by law, but I did want to include the confusion @PMB, would you consider amending the first grounds. The problem with the calibre of officers whose work we see here is that they do not understand the prohibition itself in these cases and are unable to see past the ends of their noses (which, given some of the Pinocchio-like falsehoods we read is perhaps not surprising). Therefore they might just think aha, the contravention description makes no mention of carriageway... So perhaps bring out this point. Although the contravention description does not refer to part of the car being parked on the carriageway, this is for administrative convenience and does not scope the full prohibition which is given in s86 of the Act: 86Prohibition of parking at dropped footways etc. (1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where— Thank you all so much Should I amend it slightly to include the section of the act which I'm sure they are very aware of, like this? - For this contravention to be made out the vehicle would have to be parked on the carriageway as stated in the Traffic Management Act 2004 Section 86 (1). It was not and as such the cited contravention did not occur. Thank you No it point the council to that specifically so just cut & paste as is Good evening All, Just had a letter from the council today and the PCN has been cancelled! Thank you so much for all your help! I appreciate everyone of you If I should post their reply please let me know I'm so happy |
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Thu, 28 May 2020 - 19:30
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#44
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
Yes please post the council letter it may help us to help others
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