3. Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
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BertieBath

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Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
« on: July 22, 2023, 07:36:38 am »
Hello everyone,

yesterday at 15.41 hours I received a PCN from Bath Council, for parking in 'a restricted street during prescribed hours'. Thing is, I parked in a small parking bay outside a friend's garage, and the back of the car protruded on the pavement which sits between the garage and the road. The traffic wardens are so hot on fining people in Bath. And yet one of the neighbours let her friends park there weekly and never had a problem!

I attach the images of the PCN and my vehicle in the parking bay here:

Image 01
Image 02
Image 03.

This is the location on Google maps:
Google Map.

Two questions:

Is there any procedural impropriety in the PCN which I could point out?
Do I have grounds to appeal?

Many thanks,
Bertie
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cp8759

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Re: Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
« Reply #1 on: July 22, 2023, 12:27:09 pm »
You need to contact the council and ask for the photos, as we don't know what evidence the council has.

Also, please give us a link to the exact spot on google street view.
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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 nor 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.

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BertieBath

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Re: Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
« Reply #2 on: July 22, 2023, 01:28:35 pm »
Thanks. All I can do at the moment is to make an informal representation and there are no pictures. The evidence will likely be provided with the NTO. The annoying thing is that if I make informal representation, it may not be handled before the NTO is served. I will now be away from Monday for 6 weeks so I may be unable to reply on time. So I just need to act with what I have - worst scenario I will eat humble pie and pay £35.

The exact spot is here: Google Maps
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BertieBath

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Re: Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
« Reply #3 on: July 22, 2023, 01:43:08 pm »
Exact coordinates 51.386162, -2.370518
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cp8759

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Re: Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
« Reply #4 on: July 23, 2023, 03:08:04 pm »
So here: https://goo.gl/maps/e8S4Di4mrNdXyG5h9

Call the council tomorrow and ask if they can email you the photos. We've never heard of a council refusing to do so.
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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 nor 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.

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

BertieBath

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Re: Banes, PCN code 01: Restricted street during prescribed hours - Marlborough Buildings, Bath
« Reply #5 on: July 23, 2023, 05:59:01 pm »
It's a great idea, only thing is I am about to travel abroad for several days and will have limited access to internet + calls from abroad. From the thread on Pepipoo I now understand that with the double yellow line being there my chances are very slim and I could appeal on a technicality (the 14/28 days being counted incorrectly on the PCN). If I wasn't away I would give it a go, but it's too much of a risk to miss the NTO in the post. Luckily the discounted rate is only £35, so on this occasion I can count my losses. Thanks so much anyway to help me discover this new forum! All in all a positive experience!
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