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Pcn issued by buckinghamshire county council
SK1994
post Wed, 3 Jan 2018 - 19:49
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Good evening,

I have today received a PCN from Buckinghamshire County Council regarding an incident where the vehicle mentioned was "parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force".

This was issued by a civil enforcement officer who had reason to believe that the above parking contravention had occurred and had begun to prepare a PCN for service. The vehicle was driven away from the place in which it was stationary before the CEO had finished preparing the PCN was unable to serve it by affixing it to the vehicle or giving it to the person in charge of the vehicle.

The day of the incident, the driver had parked his car on the corner of the road as many other people do and had quickly gone to pick up a food order for his family after work and had a passenger waiting in the car. As soon as the first officer arrived, the driver was called and ran straight back. The first offer was advised by the passenger that the driver is coming back right now and was happy to not give a PCN, however when the driver had arrived, a second officer had shown up and had written up a PCN in which the driver responded that he has returned, your colleague said it is ok so why are you still issuing this. The driver advised the officer that this will not be paid for and will be appealed and they said they would just send it in the post.

Is there a way I can appeal this particular PCN? I have had to deal with so many in recent months and I refuse to go through with this.

Feedback will be greatly appreciated.

Kind Regards

SK
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post Wed, 3 Jan 2018 - 19:49
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SK1994
post Sat, 13 Jan 2018 - 15:28
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So what can I do?
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PASTMYBEST
post Sat, 13 Jan 2018 - 17:23
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QUOTE (SK1994 @ Sat, 13 Jan 2018 - 15:28) *
So what can I do?


You are babg to rights as to the DYL. But the contravention they cite is waiting/unloading. The signage to inform of this should be yellow kerb blips and upright sign. You would not look for the sign if there are no kerb blips to inform you of the loading restriction.

So make representations that absent the kerb blips the signage is inadequate to inform a motorist of the restriction
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SK1994
post Sat, 13 Jan 2018 - 19:15
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I'm sorry but I didn't understand a word of that, I'm just going to pay for it and be done with
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hcandersen
post Sun, 14 Jan 2018 - 10:01
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OP, if you can pay the discount (because you seem minded to do so), then do so. It's your money and choice and the clock stopped ticking yesterday according to the date of the PCN. Therefore we don't have the luxury of time to get the detail we need - and we're still examining the details of location, signs and lines - because we can't assess without these building blocks.

But if the discount is not available??



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SK1994
post Sun, 14 Jan 2018 - 16:29
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I received the PCN through the post on the day I posted on this forum which was 03/01/2018 not the date on the notice stating 23/12/2017
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John U.K.
post Sun, 14 Jan 2018 - 16:30
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QUOTE (SK1994 @ Sun, 14 Jan 2018 - 16:29) *
I received the PCN through the post on the day I posted on this forum which was 03/01/2018 not the date on the notice stating 23/12/2017


What was the date of postmark? Was it first class?
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Mad Mick V
post Sun, 14 Jan 2018 - 17:58
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OP---if you try to pay this penalty on line via the Council's website it will, most likely be for the full amount. To get the discount you will have to prove that you got the PCN late --not easy.

In such circumstances is there prejudice --yes because you have not been able to settle within the 14 day "window".

You seem to have two options:-

1. contacting the Council--describing the late post and asking them to re-offer the discount;

2. Fighting the case on the basis of the 1st CEOs comments/inaction and the signage.

If these signs are still in place the information given to a motorist is pretty confusing:-

https://www.google.co.uk/maps/@51.6308499,-...3312!8i6656

So you are in an area which has restricted access but access none the less. You accessed Treatz but fell foul of a DYL and they are trying to pin the contravention Code 02 "Parked or loading / unloading in a restricted street where waiting and
loading / unloading restrictions are in force".

But no kerb blips:-

https://www.google.co.uk/maps/@51.6306205,-...3312!8i6656

Bit of a dog's breakfast.

Mick

This post has been edited by Mad Mick V: Sun, 14 Jan 2018 - 19:44
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cp8759
post Sun, 14 Jan 2018 - 18:24
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QUOTE (SK1994 @ Sat, 13 Jan 2018 - 19:15) *
I'm sorry but I didn't understand a word of that, I'm just going to pay for it and be done with

You may want to consider that you have grounds to appeal within the PCN itself. Here's some wording you can use if you feel so inclined:

I would like to challenge the PCN on the grounds that there has been a procedural impropriety on the part of the council. The PCN provides, under the heading "Form and Time for Representations", that "These representations must be sent...within 28 days from the date of service of this notice (the payment period)" and under the heading "Consideration of Representations" it further provides that "The council may consider representations received after the permitted time period if the reasons for the late submission are received and accepted by the council"

Regulation 3(4) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 provides that:

(4) A penalty charge notice served under regulation 10 of the General Regulations must, in addition to the matters required to be included in it under paragraph 2 of the Schedule to those Regulations, include the following information—

(a)that representations on the basis specified in regulation 4 may be made to the enforcement authority against the imposition of the penalty charge but that representations made outside the period of 28 days beginning with the date on which the penalty charge notice is served (“the representations period”) may be disregarded;


It is trite law that to say "within 28 days from the date of service of this notice" is one day more than "the period of 28 days beginning with the date on which the penalty charge notice is served"; by purporting to extend the representations period by one day, the enforcement authority has acted beyond its powers, and by failing to mention the correct representations period, the enforcement authority has failed to comply with regulation 3(4) of the Representations and Appeals Regulations.

The above amounts to an obvious procedural impropriety, I therefore look forward to receiving confirmation from you that the PCN has been cancelled. Please be advised that, because the procedural impropriety is blatant and obvious, should this matter proceed to the Traffic Penalty Tribunal I will contend that in not cancelling the PCN you have acted unreasonably and I will invite the adjudicator to make a costs order against you.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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hcandersen
post Sun, 14 Jan 2018 - 18:53
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Step by step,and small steps.

Is the discount available?
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