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H Bar End of Cul-de-Sac PCN ISSUED, Is this a grey area?
Pee_Dee
post Fri, 5 Oct 2018 - 12:17
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Hi,

I was issued a PCN for a Code 27 contravention BLOCKING ACCESS TO DRIVEWAY. This occurred outside my house.

I’m after some advice as to the validity of this due to the unusual road layout of the street where I live .

In the images you will see that the neighbour has a H Bar painted covering the length of his driveway opening.

However, the is placed along the very end of the street perpendicular to the direction of the street. Usually, H Bars are placed in the middle of a straight run of road, not at a right angle to an adjoining property.

When my car is parked outside of my house it is unavoidable to not be partially in front of his driveway. There physically is no more road to move along to.

Moreover, he has sufficient access for his vehicle. Unfortunately he simply doesn’t like that my car is, unavoidably, partway in front of his gates. This is why he called the Civil Enforcement Officer to issue the PCN.

The neighbour is insisting that I completely avoid the space where my car currently is parked. I argue this is unreasonable.

I’d be interested to hear your thoughts on this unusual road layout. Should the H Bar have been painted all the way to the kerb? Does his driveway count as a dropped kerb legal access point or is it simply the end of the cul de sac? No kerb has actually ever existed to have been dropped.

Any thoughts and advice appreciated on how I can challenge this PCN. Blackpool Borough Council btw. Thank you.

This post has been edited by Pee_Dee: Fri, 5 Oct 2018 - 12:22
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Pee_Dee
post Mon, 12 Nov 2018 - 19:17
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A quick question...

Informal appeal lodged 4/10/18. Haven’t had a response.

NTO received 7/11/18.

Is it possible to claim procedural impropriety if the council takes an unreasonable amount of time to respond the my informal appeal? Is there guidance on a reasonable timeframe?

Thanks
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PASTMYBEST
post Mon, 12 Nov 2018 - 21:11
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QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 19:17) *
A quick question...

Informal appeal lodged 4/10/18. Haven’t had a response.

NTO received 7/11/18.

Is it possible to claim procedural impropriety if the council takes an unreasonable amount of time to respond the my informal appeal? Is there guidance on a reasonable timeframe?

Thanks


Pee Dee

I am on this now. first I am drafting a challenge for your second PCN as that is about a week old IIRC then I will do a draft representation for this one, you have a bit of tome here.

In answer to your question No the regs require that they consider your challenge not to respond to it, But once you submit formal representations against the NTO they have 56 days to respond

May draft will be along the lines of there is no such contravention and that the penalty exceeds the amount in the circumstances of the case. but please post up you first informal challenge so I can keep some consistence


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Pee_Dee
post Mon, 12 Nov 2018 - 21:33
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QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 21:11) *
QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 19:17) *
A quick question...

Informal appeal lodged 4/10/18. Haven’t had a response.

NTO received 7/11/18.

Is it possible to claim procedural impropriety if the council takes an unreasonable amount of time to respond the my informal appeal? Is there guidance on a reasonable timeframe?

Thanks


Pee Dee

I am on this now. first I am drafting a challenge for your second PCN as that is about a week old IIRC then I will do a draft representation for this one, you have a bit of tome here.

In answer to your question No the regs require that they consider your challenge not to respond to it, But once you submit formal representations against the NTO they have 56 days to respond

May draft will be along the lines of there is no such contravention and that the penalty exceeds the amount in the circumstances of the case. but please post up you first informal challenge so I can keep some consistence


Thank you. My informal challenge was done online so unsure if I have a copy of the text unless it is stored somewhere on the council’s website. I’ll have a dig around. It was based on the fact that I’m not causing an obstruction and that the contravention description is not listed on the penalty charge guidelines as a code 27.

More info...

I had two police officers around last week to discuss this and try to pressure me to park my car somewhere else.

I’ve just had another two around and this time they have threatened that the vehicle will be towed if I continue to park it in front of his H Bar.

Unsure how to respond to this.
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PASTMYBEST
post Mon, 12 Nov 2018 - 21:40
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Who is this guy a local councillor? You have to be wary of the police they can remove the vehicle for obstruction CP or HCA might be able to give you the lowdown but you need to talk to your councillor and the police get an agreement from them as to what is reasonable


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peterguk
post Mon, 12 Nov 2018 - 21:58
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QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 21:33) *
I’ve just had another two around and this time they have threatened that the vehicle will be towed if I continue to park it in front of his H Bar.

Unsure how to respond to this.


Park elsewhere until the issue is formally resolved.


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Pee_Dee
post Mon, 12 Nov 2018 - 22:08
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This is interesting and wondering if it's a water tight proof of technical mistake which may get it cancelled.

Just logged into council website to view the PCN status and you will see that the contravention description is stated here as:

PARKED IN A SPECIAL ENFORCEMENT AREA ADJACENT TO A FOOTWAY, CYCLE TRACK OR VERGE LOWERED TO MEET THE CARRIAGEWAY

https://ibb.co/mPOocq

This is significantly different wording to that which is stated on the actual PCN I was issued which states:

PARKED IN FRONT OF A DROPPED KERB AT A JUNCTION OR DRIVEWAY ACCESS

https://ibb.co/kuiv6z

Both are listed as Code 27

Thoughts?

(Thanks peterguk. I will do that).

This post has been edited by Pee_Dee: Mon, 12 Nov 2018 - 22:21
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PASTMYBEST
post Mon, 12 Nov 2018 - 22:50
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If it was me I would not send this until the 5th of December. Give others a chance to input and for the council to respond to your challenge to the second PCN



Formal representations against the imposition of PCN number xxxxx and subsequent Notice to owner.
Vehicle registration mark

(your details)


I received the above mentioned PCN on the 4th of October 2018 and that day made an informal challenge against its issue. I am very concerned that despite the e mail confirmation (reference number 2915625) I received no other communication until receipt of a Notice to owner dated the 7th of November 2018.

With this lack of communication as a background I undertook research and sought advice an will make representations based on my findings

1:- No contravention occurred

The PCN describes the contravention as- Parked in front of a dropped kerb at a junction or driveway access. This is not a prohibition listed in TMA 2004 or any other regulations governing DPE

2:- There has been a procedural impropriety on the part of the enforcement authority

The schedule of the appeals regulations of 2007 list a number of things that MUST be shown on a PCN at 1(e) it states one of these as

“the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”

As there is no prohibition as stated on the PCN this cannot be met fulfilled with the statement made on this PCN

3:- The penalty charge exceeded the amount applicable in the circumstances of the case;

The penalty charged on this PCN is set at the higher level. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 table 2 of the schedule lists the contraventions that may be charged at the higher rate. The contravention cited on the PCN is not on this list rendering a higher level penalty illegal.

4:- The penalty charge exceeded the amount applicable in the circumstances of the case;

Paragraph 2 on the back of the PCN entitled “How to challenge this PCN” makes the following statement

“If you challenge this PCN by not later than the period of 14 days beginning with the date this PCN was served. The council will generally extend the period of payment of the discounted rate for a further 14 day period.

The council have an over riding duty to act fairly at all times. Absent any explanation for not re offering the extended discount period. I am fully entitled to the extension. The council did not offer this merely serving a Notice to owner at the full rate.

The council would, only through their own undertaking be entitled to demand the discounted rate for 14 days from response to my challenge

5:- There has been a procedural impropriety on the part of the enforcement authority

regulation 3(2)(b)(i) of the appeals regulations of 2007 require


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Pee_Dee
post Mon, 12 Nov 2018 - 22:59
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QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 22:50) *
If it was me I would not send this until the 5th of December. Give others a chance to input and for the council to respond to your challenge to the second PCN



Formal representations against the imposition of PCN number xxxxx and subsequent Notice to owner.
Vehicle registration mark

(your details)


I received the above mentioned PCN on the 4th of October 2018 and that day made an informal challenge against its issue. I am very concerned that despite the e mail confirmation (reference number 2915625) I received no other communication until receipt of a Notice to owner dated the 7th of November 2018.

With this lack of communication as a background I undertook research and sought advice an will make representations based on my findings

1:- No contravention occurred

The PCN describes the contravention as- Parked in front of a dropped kerb at a junction or driveway access. This is not a prohibition listed in TMA 2004 or any other regulations governing DPE

2:- There has been a procedural impropriety on the part of the enforcement authority

The schedule of the appeals regulations of 2007 list a number of things that MUST be shown on a PCN at 1(e) it states one of these as

“the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”

As there is no prohibition as stated on the PCN this cannot be met fulfilled with the statement made on this PCN

3:- The penalty charge exceeded the amount applicable in the circumstances of the case;

The penalty charged on this PCN is set at the higher level. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 table 2 of the schedule lists the contraventions that may be charged at the higher rate. The contravention cited on the PCN is not on this list rendering a higher level penalty illegal.

4:- The penalty charge exceeded the amount applicable in the circumstances of the case;

Paragraph 2 on the back of the PCN entitled “How to challenge this PCN” makes the following statement

“If you challenge this PCN by not later than the period of 14 days beginning with the date this PCN was served. The council will generally extend the period of payment of the discounted rate for a further 14 day period.

The council have an over riding duty to act fairly at all times. Absent any explanation for not re offering the extended discount period. I am fully entitled to the extension. The council did not offer this merely serving a Notice to owner at the full rate.

The council would, only through their own undertaking be entitled to demand the discounted rate for 14 days from response to my challenge

5:- There has been a procedural impropriety on the part of the enforcement authority

regulation 3(2)(b)(i) of the appeals regulations of 2007 require


Fantastic PMB. Thank you again.

I think there is some text missing for point number 5 in your post. Could you edit it to include that please?

I don’t know what I would do without all of the expert help I am getting on here.
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PASTMYBEST
post Mon, 12 Nov 2018 - 23:08
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QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 22:59) *
QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 22:50) *
If it was me I would not send this until the 5th of December. Give others a chance to input and for the council to respond to your challenge to the second PCN



Formal representations against the imposition of PCN number xxxxx and subsequent Notice to owner.
Vehicle registration mark

(your details)


I received the above mentioned PCN on the 4th of October 2018 and that day made an informal challenge against its issue. I am very concerned that despite the e mail confirmation (reference number 2915625) I received no other communication until receipt of a Notice to owner dated the 7th of November 2018.

With this lack of communication as a background I undertook research and sought advice an will make representations based on my findings

1:- No contravention occurred

The PCN describes the contravention as- Parked in front of a dropped kerb at a junction or driveway access. This is not a prohibition listed in TMA 2004 or any other regulations governing DPE

2:- There has been a procedural impropriety on the part of the enforcement authority

The schedule of the appeals regulations of 2007 list a number of things that MUST be shown on a PCN at 1(e) it states one of these as

“the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”

As there is no prohibition as stated on the PCN this cannot be met fulfilled with the statement made on this PCN

3:- The penalty charge exceeded the amount applicable in the circumstances of the case;

The penalty charged on this PCN is set at the higher level. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 table 2 of the schedule lists the contraventions that may be charged at the higher rate. The contravention cited on the PCN is not on this list rendering a higher level penalty illegal.

4:- The penalty charge exceeded the amount applicable in the circumstances of the case;

Paragraph 2 on the back of the PCN entitled “How to challenge this PCN” makes the following statement

“If you challenge this PCN by not later than the period of 14 days beginning with the date this PCN was served. The council will generally extend the period of payment of the discounted rate for a further 14 day period.

The council have an over riding duty to act fairly at all times. Absent any explanation for not re offering the extended discount period. I am fully entitled to the extension. The council did not offer this merely serving a Notice to owner at the full rate.

The council would, only through their own undertaking be entitled to demand the discounted rate for 14 days from response to my challenge

5:- There has been a procedural impropriety on the part of the enforcement authority

regulation 3(2)(b)(i) of the appeals regulations of 2007 require

“that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— those representations will be considered;”

It is clear that a failure to respond to my challenge of the 4th of October and the councils response on that date undertaking to respond. And by failing to re offer the discount period that this regulation has been ignored

for any one of these grounds, enforcement of this PCN is defective and cannot continue. The council should recognise this and cancel without delay


Fantastic PMB. Thank you again.

I think there is some text missing for point number 5 in your post. Could you edit it to include that please?

I don’t know what I would do without all of the expert help I am getting on here.





QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 23:02) *
QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 22:59) *
QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 22:50) *
If it was me I would not send this until the 5th of December. Give others a chance to input and for the council to respond to your challenge to the second PCN



Formal representations against the imposition of PCN number xxxxx and subsequent Notice to owner.
Vehicle registration mark

(your details)


I received the above mentioned PCN on the 4th of October 2018 and that day made an informal challenge against its issue. I am very concerned that despite the e mail confirmation (reference number 2915625) I received no other communication until receipt of a Notice to owner dated the 7th of November 2018.

With this lack of communication as a background I undertook research and sought advice an will make representations based on my findings

1:- No contravention occurred

The PCN describes the contravention as- Parked in front of a dropped kerb at a junction or driveway access. This is not a prohibition listed in TMA 2004 or any other regulations governing DPE

2:- There has been a procedural impropriety on the part of the enforcement authority

The schedule of the appeals regulations of 2007 list a number of things that MUST be shown on a PCN at 1(e) it states one of these as

“the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”

As there is no prohibition as stated on the PCN this cannot be met fulfilled with the statement made on this PCN

3:- The penalty charge exceeded the amount applicable in the circumstances of the case;

The penalty charged on this PCN is set at the higher level. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 table 2 of the schedule lists the contraventions that may be charged at the higher rate. The contravention cited on the PCN is not on this list rendering a higher level penalty illegal.

4:- The penalty charge exceeded the amount applicable in the circumstances of the case;

Paragraph 2 on the back of the PCN entitled “How to challenge this PCN” makes the following statement

“If you challenge this PCN by not later than the period of 14 days beginning with the date this PCN was served. The council will generally extend the period of payment of the discounted rate for a further 14 day period.

The council have an over riding duty to act fairly at all times. Absent any explanation for not re offering the extended discount period. I am fully entitled to the extension. The council did not offer this merely serving a Notice to owner at the full rate.

The council would, only through their own undertaking be entitled to demand the discounted rate for 14 days from response to my challenge

5:- There has been a procedural impropriety on the part of the enforcement authority

regulation 3(2)(b)(i) of the appeals regulations of 2007 require

“that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— those representations will be considered;”

It is clear that a failure to respond to my challenge of the 4th of October and the councils response on that date undertaking to respond. And by failing to re offer the discount period that this regulation has been ignored

for any one of these grounds, enforcement of this PCN is defective and cannot continue. The council should recognise this and cancel without delay


Fantastic PMB. Thank you again.

I think there is some text missing for point number 5 in your post. Could you edit it to include that please?

I don’t know what I would do without all of the expert help I am getting on here.





Sorry, I have added it in.

What you need to do is talk to people and get agreement The police threat to tow is harsh but they could do it. Even if an adjudicator agrees that there is no contravention the council are still able to continue to serve PCN's This is wrong, but only a very expensive JR would stop them so you need agreement from the police and or the council as to how far away you need to stay so as not to cause an obstruction


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Pee_Dee
post Mon, 12 Nov 2018 - 23:19
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QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 23:08) *
QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 22:59) *
QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 22:50) *
If it was me I would not send this until the 5th of December. Give others a chance to input and for the council to respond to your challenge to the second PCN



Formal representations against the imposition of PCN number xxxxx and subsequent Notice to owner.
Vehicle registration mark

(your details)


I received the above mentioned PCN on the 4th of October 2018 and that day made an informal challenge against its issue. I am very concerned that despite the e mail confirmation (reference number 2915625) I received no other communication until receipt of a Notice to owner dated the 7th of November 2018.

With this lack of communication as a background I undertook research and sought advice an will make representations based on my findings

1:- No contravention occurred

The PCN describes the contravention as- Parked in front of a dropped kerb at a junction or driveway access. This is not a prohibition listed in TMA 2004 or any other regulations governing DPE

2:- There has been a procedural impropriety on the part of the enforcement authority

The schedule of the appeals regulations of 2007 list a number of things that MUST be shown on a PCN at 1(e) it states one of these as

“the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”

As there is no prohibition as stated on the PCN this cannot be met fulfilled with the statement made on this PCN

3:- The penalty charge exceeded the amount applicable in the circumstances of the case;

The penalty charged on this PCN is set at the higher level. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 table 2 of the schedule lists the contraventions that may be charged at the higher rate. The contravention cited on the PCN is not on this list rendering a higher level penalty illegal.

4:- The penalty charge exceeded the amount applicable in the circumstances of the case;

Paragraph 2 on the back of the PCN entitled “How to challenge this PCN” makes the following statement

“If you challenge this PCN by not later than the period of 14 days beginning with the date this PCN was served. The council will generally extend the period of payment of the discounted rate for a further 14 day period.

The council have an over riding duty to act fairly at all times. Absent any explanation for not re offering the extended discount period. I am fully entitled to the extension. The council did not offer this merely serving a Notice to owner at the full rate.

The council would, only through their own undertaking be entitled to demand the discounted rate for 14 days from response to my challenge

5:- There has been a procedural impropriety on the part of the enforcement authority

regulation 3(2)(b)(i) of the appeals regulations of 2007 require

“that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— those representations will be considered;”

It is clear that a failure to respond to my challenge of the 4th of October and the councils response on that date undertaking to respond. And by failing to re offer the discount period that this regulation has been ignored

for any one of these grounds, enforcement of this PCN is defective and cannot continue. The council should recognise this and cancel without delay


Fantastic PMB. Thank you again.

I think there is some text missing for point number 5 in your post. Could you edit it to include that please?

I don’t know what I would do without all of the expert help I am getting on here.





QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 23:02) *
QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 22:59) *
QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 22:50) *
If it was me I would not send this until the 5th of December. Give others a chance to input and for the council to respond to your challenge to the second PCN



Formal representations against the imposition of PCN number xxxxx and subsequent Notice to owner.
Vehicle registration mark

(your details)


I received the above mentioned PCN on the 4th of October 2018 and that day made an informal challenge against its issue. I am very concerned that despite the e mail confirmation (reference number 2915625) I received no other communication until receipt of a Notice to owner dated the 7th of November 2018.

With this lack of communication as a background I undertook research and sought advice an will make representations based on my findings

1:- No contravention occurred

The PCN describes the contravention as- Parked in front of a dropped kerb at a junction or driveway access. This is not a prohibition listed in TMA 2004 or any other regulations governing DPE

2:- There has been a procedural impropriety on the part of the enforcement authority

The schedule of the appeals regulations of 2007 list a number of things that MUST be shown on a PCN at 1(e) it states one of these as

“the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”

As there is no prohibition as stated on the PCN this cannot be met fulfilled with the statement made on this PCN

3:- The penalty charge exceeded the amount applicable in the circumstances of the case;

The penalty charged on this PCN is set at the higher level. The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 table 2 of the schedule lists the contraventions that may be charged at the higher rate. The contravention cited on the PCN is not on this list rendering a higher level penalty illegal.

4:- The penalty charge exceeded the amount applicable in the circumstances of the case;

Paragraph 2 on the back of the PCN entitled “How to challenge this PCN” makes the following statement

“If you challenge this PCN by not later than the period of 14 days beginning with the date this PCN was served. The council will generally extend the period of payment of the discounted rate for a further 14 day period.

The council have an over riding duty to act fairly at all times. Absent any explanation for not re offering the extended discount period. I am fully entitled to the extension. The council did not offer this merely serving a Notice to owner at the full rate.

The council would, only through their own undertaking be entitled to demand the discounted rate for 14 days from response to my challenge

5:- There has been a procedural impropriety on the part of the enforcement authority

regulation 3(2)(b)(i) of the appeals regulations of 2007 require

“that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— those representations will be considered;”

It is clear that a failure to respond to my challenge of the 4th of October and the councils response on that date undertaking to respond. And by failing to re offer the discount period that this regulation has been ignored

for any one of these grounds, enforcement of this PCN is defective and cannot continue. The council should recognise this and cancel without delay


Fantastic PMB. Thank you again.

I think there is some text missing for point number 5 in your post. Could you edit it to include that please?

I don’t know what I would do without all of the expert help I am getting on here.





Sorry, I have added it in.

What you need to do is talk to people and get agreement The police threat to tow is harsh but they could do it. Even if an adjudicator agrees that there is no contravention the council are still able to continue to serve PCN's This is wrong, but only a very expensive JR would stop them so you need agreement from the police and or the council as to how far away you need to stay so as not to cause an obstruction


Thank you for advice.

I found this from my local paper a few years ago during my research which is relevant.

https://www.blackpoolgazette.co.uk/news/don...k-here-1-379429

“Sgt Tony Ball from Blackpool South Police Station said: “If a car is blocking a driveway, preventing a vehicle from entering or exiting premises, it is an offence of unnecessary obstruction, which would be dealt with by a fixed penalty notice and we would consider having the vehicle towed away.

“In circumstances where vehicles can still enter and exit the driveway, the offence is not complete and therefore we would not be able to prosecute.”
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PASTMYBEST
post Mon, 12 Nov 2018 - 23:31
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That's probably true, but this guy seems to have some influence to even get the police there Do you want the hassle of defending in mags court?


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peterguk
post Mon, 12 Nov 2018 - 23:35
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QUOTE (Pee_Dee @ Mon, 12 Nov 2018 - 23:19) *
“In circumstances where vehicles can still enter and exit the driveway, the offence is not complete and therefore we would not be able to prosecute.”


I wouldn't rely on that. I know of at least 4 occasions in last year or so where a car was removed from where it was parked in our street for partially blocking a driveway. It was still possible for the homeowner to get his car out, but tricky. Solution - blocking car removed.


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Pee_Dee
post Sun, 18 Nov 2018 - 21:30
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I’ve had a look on Blackpool Council’s parking ticket viewer to check the status of the PCN which this thread relates to.

On the ‘key events’ tab it merely states that NTO/enforcement notice issued.

View here https://ibb.co/hvG6c0


However, on a second PCN I am also challenging (on another thread) the key events section lists several things such as ON HOLD and OFF HOLD NO COMPENSATE.

View here https://ibb.co/mBfA4f

Nothing like this is present on the key events section in the first PCN.

Is it possible that the absence of these in the key events section of the first PCN is evidence that my informal appeal was ignored thus supporting grounds for procedural impropriety?
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Pee_Dee
post Thu, 20 Dec 2018 - 19:44
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Hi,

I’ve just been issued ANOTHER code 27 PCN as part of an ongoing dispute with my neighbour.

This is the third one since 4th October. I have had an NTO for the first one but have not received nothing yet for the second one.

All three tickets can be viewed here:

https://ibb.co/hZVKFb0

I have appealed the first two but have not received a single piece of correspondence from the Council to let me know what is going on. No email, no letter, nothing.

Could anyone advise on where I stand at present?

Thank you

Edit - I’ve managed to capture footage of him using his driveway whilst my car is parked in the position he claims is causing an obstruction and where it has been when it has been issued PCN code 27s.

https://media.giphy.com/media/459dej1UCuSg6xhhIE/giphy.gif

This post has been edited by Pee_Dee: Thu, 20 Dec 2018 - 19:54
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stamfordman
post Thu, 20 Dec 2018 - 22:16
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Well done on getting him on video. They can take their time with responding to informal challenges and may not respond before issuing an NTO, but probably will.

think you have a good chance of seeing this off if it goes to an adjudicator.



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PASTMYBEST
post Thu, 20 Dec 2018 - 22:25
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This is going to get messy and needs keeping in separate threads for each PCN in each thread tell us exactly where you are up to.


PCN 1 nto issued on

Made representations on

Response from council


PCN 2 PCN recieved on

Made an informal challenge on

Response from council

For this one remember obstruction is not a qualifier for the contravention. You do not seem to be attempting a conciliatory approach


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Pee_Dee
post Fri, 21 Dec 2018 - 15:01
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Great news!

I received the following letter from Blackpool Borough Council today.

https://ibb.co/CJFP0zr

They have stated that they are cancelling the PCN and will not be getting involved in the dispute any further. This will no doubt mean that the other PCN's issued for the same contravention that are currently in appeal will similarly be cancelled and that no further ones will be issued nor will the CEOs even respond to my neighbour's phone call requests to come and issue me a ticket.

The police have already visited my house several times and do not seem interested in getting involved.

Thank you to all who offered me advice and helped me construct appeal responses.

Merry Christmas!

This post has been edited by Pee_Dee: Fri, 21 Dec 2018 - 15:02
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stamfordman
post Fri, 21 Dec 2018 - 15:33
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That is good news, but it's not all over as no doubt neighbour will try and escalate again to police. You should at least let him know that the council are not interested. If he does try police, hopefully he'll be cautioned for wasting their time.
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Pee_Dee
post Fri, 21 Dec 2018 - 17:18
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QUOTE (stamfordman @ Fri, 21 Dec 2018 - 15:33) *
That is good news, but it's not all over as no doubt neighbour will try and escalate again to police. You should at least let him know that the council are not interested. If he does try police, hopefully he'll be cautioned for wasting their time.


The police have visited me five times already an say they are obliged to follow it up. They’re not bothered in the slightest!
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PASTMYBEST
post Fri, 21 Dec 2018 - 17:51
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It would be nice to think that councils use joined up thinking and the other two will be cancelled automatically That is not our experience. You might want to contact them and ask that they do.

As regards the police. The do not take action on parking contraventions in an SEA, indeed they are proscribed from doing so. What the can do is take action under the RTA 1988 for causing an unnecessary obstruction. Keep hold of that video to show no obstruction is caused


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