3. At any time 1 April - 30 Sept
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Re: At any time 1 April - 30 Sept
« Reply #15 on: »
Quote
I will put together a more comprehensive response using the above mentions and get that sent off.

Put your final draft here for comment before sending off.

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Re: At any time 1 April - 30 Sept
« Reply #16 on: »
OP, your first post was simply a question which although it implied that a PCN might be lurking in the background did not say so.

You have a PCN for a waiting contravention.

IMO, your defence is that on the day in question, 21 October, you relied upon the traffic sign which stated: No waiting at any time 1 April-30 Sept. As the day was outside the restricted period you assert that there was no contravention.

The facts:
DYL indicate a 24/7 restriction;
The traffic sign also indicates a 24/7 restriction, but only for the period 1 April -30 Sept.

Therefore at any time between 1 Apr-30 Sept. the sign does not modify the restriction because without the sign the road marking itself conveys a 24/7 restriction.

Consequently, it must follow that between the 1 Apr and 30 Sept. the traffic sign is redundant.

And between 1 Oct and 31 March it serves no purpose other than to mislead and therefore does not meet the legal test for traffic signs(reg 18 LATOR refers).




 
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Re: At any time 1 April - 30 Sept
« Reply #17 on: »
H C Andersen, appreciate the response. So would you say it's better just to keep my appeal simple and straight to the point that the signage is misleading?
« Last Edit: October 21, 2023, 06:37:43 pm by belikewater »
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Re: At any time 1 April - 30 Sept
« Reply #18 on: »
Quote from: DancingDad on October 21, 2023, 03:20:52 pm
WPPP is the Welsh consortium of councils that enforce...fairly sure that this is classed as the enforcing authority and accepted but worth a shot, if only to see how they reply.
WPPP is not an enforcement authority, it's a join committee of local authorities with its own legal personality. It is also an agent for the enforcement authority, but it is not an enforcement authority in its own right.

@belikewater can you please post the PCN without any redactions please?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: At any time 1 April - 30 Sept
« Reply #19 on: »
I would.

But I would add...

..and talking of being misleading, the PCN is unclear as to who is the decision-making body. There are references to WPPP in the context of payment and considering any representations and then links to 'the Council', which is not WPPP, and then Pembrokeshire County Council as data controller. Therefore, not only does PCN not state who is the 'enforcement authority', contrary to requirements, it is confusing and misleading and therefore whoever is the 'enforcement authority' has committed a procedural impropriety.

and as regards WPPP, whatever it is, it is not a council, it cannot determine its own policy in respect of exercising discretion and it is not a 'local authority' nor in its own right subject to the Welsh Assembly's Stat Guidance.
« Last Edit: October 21, 2023, 07:48:45 pm by H C Andersen »
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Re: At any time 1 April - 30 Sept
« Reply #20 on: »
Again, many thanks for the continued help with this.

@cp8759 the only redactions made are PCN number and my registration?

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Re: At any time 1 April - 30 Sept
« Reply #21 on: »
Quote from: belikewater on October 21, 2023, 07:51:09 pm
@cp8759 the only redactions made are PCN number and my registration?
Yes, and as we explain here neither of those should be redacted.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: At any time 1 April - 30 Sept
« Reply #22 on: »
@cp8759
Apologies, I have now removed my post with PCN images in.
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Re: At any time 1 April - 30 Sept
« Reply #23 on: »
Quote from: belikewater on October 21, 2023, 08:02:57 pm
@cp8759
Apologies, I have now removed my post with PCN images in.
How does that help?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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