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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
gidrazas
Hello,

wondering if anyone could help with these. Got 3 of them whilst away:



and couple of these:



Sorry for poor quality. Has been on the rain for few days.

Here's how the car was parked:


The gate in front is locked and never used.

Any hope to get rid of those tickets or should i just pay up and forget about it?

Thanks for your time,
G
Gan
I would have thought that if you've committed any offence at all they've used the wrong contravention code.

Council tickets aren't my area so wait for some of the experts to advise.

Enceladus
The second doc looks like it might be a Police FPN? And there are two of these. So to challenge means a trip to the magistrates court, so I suspect you might have to pay up. Others will advise.

The first doc is Uttlesford District Council as agent of Essex County Council. The back says you can pay at www.uttlesford.gov.uk and then says to challenge etc go to www.colchester.gov.uk. What on earth is that? What have Colchester got to do with it?

One for HCA I think. (Member hcandersen).
localdriver
I understood that the offence for a clearway is 'Stopping on a carriagway' and didn't include the verge etc.
gidrazas
Well. I guess it will be cheaper to pay then police FPN than to go to court.

What about the PCN: shoul i chalange saying that the PCN is invalid because of the way it is presented or because it is not a valid code.

Ceers,
G
localdriver
Both tickets show 'stopped on a clearway', but looking at the photograph, the car is not on the carriagway.
Found it:


‘The Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963’

Which only applies to the carriageway (the bit you drive along), unlike waiting and loading restrictions that can apply to the verges, pavements etc.

Enceladus
Is it your locked gate into your field?
There seems to be a tow rope attached to your car?

Concerning the PCNs I suggest you wait until you have had input from hcandersen as mentioned previously. If he does not appear then PM him and ask him to look at your "as agent of" PCNs. He has been looking into this specific issue.

Concerning the FPNs.
Are any of the FPNs the same date as the PCNs?
How many are there?

I am thinking that unless you can be certain that you have a cast-iron case then you don't want to go near the magistrate. Se wait and see what folks think.
Neil B
Several things.

whilst I understand and agree with the general advice put forward often on the forum - not to tangle with Maggys, thre is always the possibility of a 'cast iron' case as Enc puts it and the issue of whether the FPN was justified or not. Also, the important element of presenting confidently and assertively.

The FPNs are interesting. I had broadly understood it not to be possible for Police to issue in SEAs - they remaining the domain of Councils only. I understood 'obstruction' to be an exception - so perhaps clearways too?

For Police to be bothered at all suggests more possibilities. I fail to see how you can know the gate is never used and whether it is or isn't I suspect Police involvement may well have been invited? For that matter, given the rural location, the same might apply to the Council being 'invited'. Someone upset?

Then there is the location. Googling Hall Road Takely took me on a google adventure backwards and forwards to more than one possibility but I never did actually find it!

-

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This vaguely seems to confirm what I said about no Police power?

http://www.colchester.gov.uk/Info_page_two...amp;sec_id=2702

Note some errors? Can enforce YBJ and BL etc.??

----------------
and this to start off the possible HCA angles. Other such partnerships exist, i.e. Lancs 'Parkwise'.

http://www.uttlesford.gov.uk/main.cfm?Type...&MenuId=405
Glacier2
Very interesting.

In my opinion if the gate was in use the car would have been removed. The location on the FPN of Stansted Airport is very vague to say the least. That place is not within the perimeter of the airport.
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