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council PCN
Mr_Mark
post Thu, 11 Jul 2019 - 18:26
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I received a PCN whilst working on street furniture a couple of days ago but I believe due to the state of the line I can fight it and win
If someone could give me a 2nd opinion on the lines id appreciate it
there was a sign but it was just round the corner and the rear of it was visible but obviously I couldn't read it

Thanks in advance
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achment=65228:20190711_205808.jpg]

there isn't anywhere I can view the pictures taken by the enforcement man

This post has been edited by Mr_Mark: Thu, 11 Jul 2019 - 20:08
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post Thu, 11 Jul 2019 - 18:26
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PASTMYBEST
post Thu, 11 Jul 2019 - 18:52
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Working on street furniture, What exactly? The lines will be found compliant other than they appear to run in front of a bay DYL cannot co exist with a parking place.

Post the PCN both sides get and post the council photos and post a GSV


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Mr_Mark
post Thu, 11 Jul 2019 - 19:58
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QUOTE (PASTMYBEST @ Thu, 11 Jul 2019 - 19:52) *
Working on street furniture, What exactly? The lines will be found compliant other than they appear to run in front of a bay DYL cannot co exist with a parking place.

Post the PCN both sides get and post the council photos and post a GSV

Thanks for the reply I was working on an electrical issue on a payphone I will edit my post and add the PCN but I will first see if the council pictures are online
I have been videod by the parking guy because he didn't even give me 1 second and I was 10 feet away and also I had a large note in the front window saying where I was and what I was doing but when I said
hey mate I left a note in the window he just said I don't read notes I promptly called him a f in d head etc so he pulled something out of his pocket and said he was filming me I replied with a string of abuse which
I shouldn't have I suppose
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Mr_Mark
post Thu, 11 Jul 2019 - 20:20
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QUOTE (PASTMYBEST @ Thu, 11 Jul 2019 - 19:52) *
Working on street furniture, What exactly? The lines will be found compliant other than they appear to run in front of a bay DYL cannot co exist with a parking place.

Post the PCN both sides get and post the council photos and post a GSV

Sorry what's a GSV?
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Incandescent
post Thu, 11 Jul 2019 - 21:42
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GSV = Google Street View. Post a link to the place where you parked and tell us exactly where you were. The double-yellows, whilst a bit worn, are compliant and if you rely on this for an appeal you will lose.

This post has been edited by Incandescent: Thu, 11 Jul 2019 - 21:43
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Mr_Mark
post Fri, 12 Jul 2019 - 06:48
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QUOTE (Incandescent @ Thu, 11 Jul 2019 - 22:42) *
GSV = Google Street View. Post a link to the place where you parked and tell us exactly where you were. The double-yellows, whilst a bit worn, are compliant and if you rely on this for an appeal you will lose.

Hi Thanks
https://www.google.com/maps/@53.5907169,-2....XOw9b1A!2e0
If see where the long row of disabled bays are then a semi circle of pavement I parked across the pavement and road on that semi circle if you spin 180 the box I was working on is there
I will try to call today and stick the van in the same spot and post a picture
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Mad Mick V
post Fri, 12 Jul 2019 - 07:15
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OP-----I still can't work out where you parked. The GSV you posted is on a gated road with these private land notices:-

https://www.google.com/maps/@53.5907976,-2....3312!8i6656

Mick
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Mr_Mark
post Fri, 12 Jul 2019 - 09:49
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QUOTE (Mad Mick V @ Fri, 12 Jul 2019 - 08:15) *
OP-----I still can't work out where you parked. The GSV you posted is on a gated road with these private land notices:-

https://www.google.com/maps/@53.5907976,-2....3312!8i6656
Hi Mick Hilton Rd
https://maps.app.goo.gl/kEUdTQLthyeBsToC6 it's very close to where you found I've moved a bit further up the street but it's opposite the payphone where the shops are I have also attached a pic I took this morning and it's just about where I was
The pic was rushed as the wardens were about
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Mick

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PASTMYBEST
post Fri, 12 Jul 2019 - 11:49
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I am not sure this is the correct TRO, but the exemption at 5(3) is generally written into all TRO's if so a submit that you are entitled to claim it


https://tro.trafficpenaltytribunal.gov.uk/TRO/Bury/BC20.pdf


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Mad Mick V
post Fri, 12 Jul 2019 - 12:03
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+1
They must comprehensively state why you cannot claim this exemption if they reject.

Mick
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Mr_Mark
post Fri, 12 Jul 2019 - 16:00
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QUOTE (Mad Mick V @ Fri, 12 Jul 2019 - 13:03) *
+1
They must comprehensively state why you cannot claim this exemption if they reject.

Mick

Wow well found I think as I was working on BT equipment and have BT ID they should cancel the ticket
It's enough for me to risk the 35 quid extra and see where it goes
Thanks for all the fantastic help
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PASTMYBEST
post Fri, 12 Jul 2019 - 16:03
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post your draft here before you send


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hcandersen
post Fri, 12 Jul 2019 - 17:58
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OP, I'm still confused regarding your vehicle and the council's photos, for example is yours the Enterprise van?

For clarity, pl just post the council's pics on their own.

This post has been edited by hcandersen: Fri, 12 Jul 2019 - 18:00
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Mr_Mark
post Fri, 12 Jul 2019 - 18:02
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QUOTE (hcandersen @ Fri, 12 Jul 2019 - 18:58) *
OP, I'm still confused regarding your vehicle and the council's photos, for example is your the Enterprise van?

For clarity, pl just post the council's pics on their own.

Hi there are no council pics available and yes mine is the enterprise van
I will see if there is a way of getting the pics but reading the PCN there is no link or website on
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Mr_Mark
post Fri, 12 Jul 2019 - 18:12
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QUOTE (Mr_Mark @ Fri, 12 Jul 2019 - 19:02) *
QUOTE (hcandersen @ Fri, 12 Jul 2019 - 18:58) *
OP, I'm still confused regarding your vehicle and the council's photos, for example is your the Enterprise van?

For clarity, pl just post the council's pics on their own.

Hi there are no council pics available and yes mine is the enterprise van
I will see if there is a way of getting the pics but reading the PCN there is no link or website on

Success I have some and the time stamp on the camera is different from the time stamp at the top of the pictures
These 3 are some of them
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hcandersen
post Fri, 12 Jul 2019 - 18:39
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The exemption referred to relates to the necessity of the vehicle in the context of the activity being undertaken.

And yours was? From your account you even seem to be parked on the opposite side of the road. For all I know your test equipment could be carried in one hand.

Do not make the mistake of thinking work on pay phone = automatic exemption, because it doesn't.

'the vehicle, if it cannot conveniently be used for such purpose in any other road.......' is what you have to establish.

And it's not the authority's burden to rebut your claim, it's yours to make your reps fit the exemption.

And as it's not your vehicle, you are likely to get only one botr at this before your employer becomes involved because a NTO would not come to you.
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Mr_Mark
post Sat, 13 Jul 2019 - 14:16
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QUOTE (hcandersen @ Fri, 12 Jul 2019 - 19:39) *
The exemption referred to relates to the necessity of the vehicle in the context of the activity being undertaken.

And yours was? From your account you even seem to be parked on the opposite side of the road. For all I know your test equipment could be carried in one hand.

Do not make the mistake of thinking work on pay phone = automatic exemption, because it doesn't.

'the vehicle, if it cannot conveniently be used for such purpose in any other road.......' is what you have to establish.

And it's not the authority's burden to rebut your claim, it's yours to make your reps fit the exemption.

And as it's not your vehicle, you are likely to get only one botr at this before your employer becomes involved because a NTO would not come to you.


Hi due to the tooling steps etc I have to park as close as possible also because its electrical work I need the vehicle nearby so that if I need an unexpected spare I can get it quickly without leaving exposed live terminals in a public phonebox
also once I start its a major task to close the job and obviously my tools etc are very expensive so I cant just leave them lying around while I wander off
my van was parked as close as I could with either parking on the pavement or in a disabled space which I didn't want to do as their need is greater than mine I have tried parking away from the job and its not practical as I almost always go back and forth to the van for various parts/tools and a 45 minute job turns into hours of work as I keep packing up making safe and then return and start over its impossible as a lone worker to carry the tools and equipment in 1 go to the job and I cant leave the kit unattended as it could be stolen or someone could either fall over it or try to use it and injure themselves which wouldn't go down well

This post has been edited by Mr_Mark: Sat, 13 Jul 2019 - 14:21
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PASTMYBEST
post Sat, 13 Jul 2019 - 16:41
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Hi due to the tooling steps etc I have to park as close as possible also because its electrical work I need the vehicle nearby so that if I need an unexpected spare I can get it quickly without leaving exposed live terminals in a public phonebox
also once I start its a major task to close the job and obviously my tools etc are very expensive so I cant just leave them lying around while I wander off
my van was parked as close as I could

I cannot keep packing up making safe and then return and start over its impossible as a lone worker to carry the tools and equipment in 1 go to the job and I cant leave the kit unattended as it could be stolen or someone could either fall over it or try to use it and injure themselves



I have added one word in red. The rest are yours. Make your challenge that the exemption occurs based on those bits only The bits I have omitted could give them grounds to refuse


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Mr_Mark
post Sat, 13 Jul 2019 - 16:45
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QUOTE (PASTMYBEST @ Sat, 13 Jul 2019 - 17:41) *
Hi due to the tooling steps etc I have to park as close as possible also because its electrical work I need the vehicle nearby so that if I need an unexpected spare I can get it quickly without leaving exposed live terminals in a public phonebox
also once I start its a major task to close the job and obviously my tools etc are very expensive so I cant just leave them lying around while I wander off
my van was parked as close as I could

I cannot keep packing up making safe and then return and start over its impossible as a lone worker to carry the tools and equipment in 1 go to the job and I cant leave the kit unattended as it could be stolen or someone could either fall over it or try to use it and injure themselves



I have added one word in red. The rest are yours. Make your challenge that the exemption occurs based on those bits only The bits I have omitted could give them grounds to refuse
Thanks I'll take a punt on it as I'm going to be in the same position again I have no doubt
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PASTMYBEST
post Sat, 13 Jul 2019 - 16:58
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post your draft here before you send


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