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pudjie-bear
Hi all, avid observer, 1st time poster so hope I have set out as per rules/guidelines in stickys. Wish I had seen this site prior to appealing with the issuing authority, Glasgow City Council.

A PCN was issued for in Bath Lane Glasgow. A Penalty Charge Notice attached to the vehicle.
google map ref here: https://www.google.co.uk/maps/@55.8634022,-...#33;6m1!1e1

Glasgow City Council state that the road where the car was issued was subject to a loading restriction from 8-6pm Mon-Sat Goods vehicles only. Ticket issued on a week day during those hours.
A 1st stage appeal was sent stating that it was the belief there was no case to answer as yellow lines(yellow splodge on road which looks like the remains of someones meal from the night before)! including kerb markers not present and signage was approx 100 ft from car. This is contrary to that of the distance stated in the letter. The vehicle was positioned predominantly on the road and side(dropped kerb) not sure if it could be called a pavement - waste bins permanently here.

Any advice assistance would be gratefully received as not sure if there is a case here or not. I have been away on leave so only just got this the other day and therefore have just under a couple of weeks to reply.

Images here:

This is where the car sat (reversed so that road markings could be photographed)
and this also
This is behind the vehicle
This is the front(car reversed to photograph [IMG]http://i59.tinypic.com/20iw8x4.jpg
and this also



Please also find links to the reply from 1st stage appeal:

Page 1 Appeal letter reply
Page 2 Appeal letter reply

A formal appeal form has also been issued. Its 4 pages long therefore have linked to first page only as it looks like a standard form. Can upload and link other pages if required:



pudjie-bear
Hi all, is anything else required for me to post in order for assistance to be provided? Thanks in advance
Incandescent
Not really. It looks a real dump there !! If you have lost the discount, there is now no point in paying until you have been to the Scottish adjudicator. There is no additional charge for appealing, just the PCN amount. Their letter looks a bit of a bluff, as GSV shows very badly maintained streets, lines, signs etc. A very depressing part of Glasgow.
pudjie-bear
Cheers for the reply Incandescent, yer, its a bit shady down the lanes of Glasgow! I will base the appeal on lack of lines and distant signage unless anyone else can provide help/guidance?
SchoolRunMum
You have missed the advice I gave you as Coupon-mad on MSE:

http://forums.moneysavingexpert.com/showthread.php?t=5117901

' I was interested to see that they are having to correct a mistake in the formal appeal form about the time you have to appeal = I would say that in itself is a procedural impropriety (which is an appeal point in itself).'

So why are you not also basing your appeal on 'procedural impropriety'?
Incandescent
QUOTE (SchoolRunMum @ Sat, 22 Nov 2014 - 18:01) *
You have missed the advice I gave you as Coupon-mad on MSE:

http://forums.moneysavingexpert.com/showthread.php?t=5117901

' I was interested to see that they are having to correct a mistake in the formal appeal form about the time you have to appeal = I would say that in itself is a procedural impropriety (which is an appeal point in itself).'

So why are you not also basing your appeal on 'procedural impropriety'?

Beware ! Procedural impropriety came in with the Traffic Management Act 2004, but this does not apply to Scotland who remain on the old de-crim legislation. Closest statutory appeal ground is "the penalty exceeded the relevant amount in the circumstances of the case". This was used for council maladministration before the 2004 act.
pudjie-bear
Thanks both for your comments-schoolrunmum, sorry didn't quite know what you were getting at with the advice at first but do now!

"Also I was interested to see that they are having to correct a mistake in the formal appeal form about the time you have to appeal = I would say that in itself is a procedural impropriety (which is an appeal point in itself)".

So would that not apply in Scotland then as per incandescents reply? If not, is there some part of the act that I can quote in appeal about the lack of visibility of yellow line and distance of signage? The letter states that I would have to have crossed a yellow line and kerb markings which was not the case. The lines were non existent for about 12feet prior to where I parked. The signage was about 30 metres away. Sorry but this is all quite new to me.
Incandescent
QUOTE
statutory appeal ground is "the penalty exceeded the relevant amount in the circumstances of the case". This was used for council maladministration before the 2004 act.
pudjie-bear
QUOTE (Incandescent @ Sun, 23 Nov 2014 - 18:10) *
QUOTE
statutory appeal ground is "the penalty exceeded the relevant amount in the circumstances of the case". This was used for council maladministration before the 2004 act.


Thanks Incandescence, in laymans terms what does that actually mean and is there any test cases that you could be referred to so that I can bone up on?
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