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nowthennowthen
Hello,

I was given this ticket in Leeds a few days after a CEO had verbally told me it was OK to park on that part of pavement. I had queried why people parking on that spot were NEVER given a PCN but, day after day, cars were issued with PCNs for parking on the opposite corner, next to a lowered footpath. I was told it was not a problem as it was not part of the footpath. (Yes, I know. First rule of PePiPoo, never trusting a CEO. In his defence, I believe it was a different guy).

The PCN code was '01 - Parked in a restricted street during prescribed hours'. My point is, aside what I mentioned above, is that it does not sound like the right code to me (should it have been 62 or even 27?). Also, as you can see by the images, the car was not causing an obstruction (there is plenty of space in front and to the side to allow pedestrians and wheelchair access)

If you think I have grounds to appeal, how would you word it? Also, is it better to send my photos or not?

First two pics are the PCN



These next three are of the car




This is Google Street View of the area.


Many thanks
J_Edgar
I make you parked after the termination of the DYL, so the appeal would be contravention did not occur.

Wait and see if others agree.
bama
agreed. "the contravention did not occur". Leeds of course will disagree on informal and probably on formal as well.
if it was my ticket I would be happy to take it to adjudication but its your money not mine.

as above see what others have to say.
nowthennowthen
QUOTE (bama @ Sun, 6 Jun 2010 - 21:53) *
agreed. "the contravention did not occur". Leeds of course will disagree on informal and probably on formal as well.
if it was my ticket I would be happy to take it to adjudication but its your money not mine.

as above see what others have to say.


Thanks. How would you word it out? I left it too late and I need to get the appeal sent out by tomorrow.
J_Edgar
I might go with something like.

I fully appreciate that the waiting restriction imposed by the double yellow line extends from the centre of the carriageway to the boundary of the highway. However my vehicle is parked at least one full cars length beyond the termination T-bar of the double yellow line and is therefor not subject to the waiting restriction. This was confirmed previous to my parking after I sought advice from one of your CEOs. On this basis the contravention as described on the PCN could not have occurred. The photographic evidence enclosed confirms this beyond any doubt.

In the event that these representations are rejected I will have no hesitation in taking this matter to adjudication, where I will be making a request for costs on the grounds that the enforcement authority have acted frivolously, vexatiously and wholly unreasonably in not accepting valid representations at the earliest opportunity.
nowthennowthen
QUOTE (nowthennowthen @ Sun, 6 Jun 2010 - 21:57) *
QUOTE (bama @ Sun, 6 Jun 2010 - 21:53) *
agreed. "the contravention did not occur". Leeds of course will disagree on informal and probably on formal as well.
if it was my ticket I would be happy to take it to adjudication but its your money not mine.

as above see what others have to say.


Thanks. How would you word it out? I left it too late and I need to get the appeal sent out by tomorrow.


Feel free to edit or add more to this:

QUOTE
To whom it may concern,

On 25 May 2010, I was served with a Penalty Charge Notice (number ) for Code '01 - Parked in a restricted street during prescribed hours'.

I am appealing this PCN on the grounds that the contravention did not occur. The car was not parked on a restricted street. It was parked on an off-road bay, not causing an obstruction. The footway was not obstructed, as shown on the photographs. If this were to be case, I should have been issued with a PCN for code 27, not code 1.

A few days earlier, one of your Civil Enforcement Officers had advised me that it was permitted to park there.

Also, as you must be aware there is no Traffic Regulation Order on operation to support any enforceable traffic or highways measures where the contravention supposedly occurred.

Yours sincerely,
bama
send the pics and say
"I was not Parked in a restricted street during prescribed hours. The contravention did not occur. The PCN should be cancelled'.

others may add a bit in the morning - normally more posters in the week.
nowthennowthen
QUOTE (J_Edgar @ Sun, 6 Jun 2010 - 22:13) *
I might go with something like.

I fully appreciate that the waiting restriction imposed by the double yellow line extends from the centre of the carriageway to the boundary of the highway. However my vehicle is parked at least one full cars length beyond the termination T-bar of the double yellow line and is therefor not subject to the waiting restriction. This was confirmed previous to my parking after I sought advice from one of your CEOs. On this basis the contravention as described on the PCN could not have occurred. The photographic evidence enclosed confirms this beyond any doubt.

In the event that these representations are rejected I will have no hesitation in taking this matter to adjudication, where I will be making a request for costs on the grounds that the enforcement authority have acted frivolously, vexatiously and wholly unreasonably in not accepting valid representations at the earliest opportunity.


Thanks a lot! Sorry, I missed your reply earlier
J_Edgar
No worries there were several posts in quick succession.

This should be a simple case so any of the posted suggestions including your own should be good enough to win. I would recommend adding the last paragraph of my post to any appeal you send as it puts them on notice that you are not going to bend over and take one for the team.
nowthennowthen
QUOTE (J_Edgar @ Sun, 6 Jun 2010 - 22:53) *
No worries there were several posts in quick succession.

This should be a simple case so any of the posted suggestions including your own should be good enough to win. I would recommend adding the last paragraph of my post to any appeal you send as it puts them on notice that you are not going to bend over and take one for the team.


I will wait until the morning but this is what I will probably go with:

To whom it may concern,

On 25 May 2010, I was served with a Penalty Charge Notice (number xxxxx) for Code '01 - Parked in a restricted street during prescribed hours'.

I am appealing this PCN on the grounds that the contravention did not occur. The car was not parked on a restricted street. I fully appreciate that the waiting restriction imposed by the double yellow line extends from the centre of the carriageway to the boundary of the highway. However my vehicle is parked at least one full cars length beyond the termination T-bar of the double yellow line and is therefore not subject to the waiting restriction. This was confirmed previous to my parking after I sought advice from one of your CEOs a few days earlier. On this basis the contravention as described on the PCN could not have occurred. The photographic evidence enclosed confirms this beyond any doubt. I can also provide you with independent witness statement to corroborate the aforementioned.

In the event that these representations are rejected I will have no hesitation in taking this matter to adjudication, where I will be making a request for costs on the grounds that the enforcement authority have acted frivolously, vexatiously and wholly unreasonably in not accepting valid representations at the earliest opportunity.

Yours sincerely,
J_Edgar
Looks good to go. Chances are they will reject the informal appeal and you will have to wait for the NTO and make a formal appeal. Please keep us informed whatever happens.
strollingplayer
Extrapolating that termination line all the way to the boundary still puts it in front of the car. In the spirit of demanding that any rejection be explained away, when pointing out that you are not on a restricted street, tell (don't ask) them that if they do not accept this assessment you require them to provide a detailed diagram showing where they believe the "restricted street" ends, including a line from the centre line to the boundary.

This does look like a blatant case of "ticket first, check later".
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