3. Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
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Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
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Not from the area so after a search on the web i wasn't able to find clear details of parking on a single yellow on a sunday/bank holiday. Just says except Christmas Day and bank holidays.

I couldn't see any signs and the one they have taken mentions report a fault? so no idea what that refers to?











https://maps.app.goo.gl/MmS4K3SnTLJSroto7

Any help appreciated.

Thanks
« Last Edit: May 28, 2024, 03:06:14 pm by Lee74 »
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #1 on: »
Please read this and update your post accordingly
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
The full PCN, all sides.  Also post a GSV view telling us exactly where you parked
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #2 on: »
Hopefully I've put all the missing details required.

Thanks
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #3 on: »
You were parked in the Outer Zone CPZ
https://www.google.com/maps/d/viewer?mid=1hVdNgjSu87riqLZGC8XQ6jMTrIQ&femb=1&ll=52.4771600778478%2C-1.9102367991832647&z=15
This means there are no signs by the yellow lines within the zone.

So depending on your route into Louisa Street, you should have passed one of these signs:-
https://maps.app.goo.gl/GPwJ81HwVQXKiZEy9
As you can see the restricted times apply "Everyday", i.e Monday to Sunday, and there is nothing about Bank Holidays, so they are included.
Of course if you can show you never passed such a sign, then you have a good appeal argument.
« Last Edit: May 29, 2024, 12:11:00 pm by Incandescent »
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #4 on: »
Hi

Thanks that road is blocked off permanently with metal posts(so no left turn ). Also the road closest to that is now a bus lane. I took the next left then first left then first right.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #5 on: »
Quote from: Lee74 on May 29, 2024, 04:48:13 pm
Hi

Thanks that road is blocked off permanently with metal posts(so no left turn ). Also the road closest to that is now a bus lane. I took the next left then first left then first right.
OK, so you'd have turned into Clement Street, the next left turn.
https://maps.app.goo.gl/uFYwfquAadcyvAyu5
The same signs are there too.

TBH, unless somebody comes up with a robust "technical" appeal argument, you'll struggle to overturn this PCN.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #6 on: »
Ok thanks for the reply, hopefully something else might be relevant.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #7 on: »
@Lee74 why were you parked there, and for how long?

Also are you able to check the signs on Clement Street? The latest pictures we have from Google are two years old, and things may well have changed since then.

The traffic order is the Birmingham City Council (Parking Places and Controlled Parking Zone) (Birmingham) (Consolidation) Order 1995 as amended by the Birmingham City Council (Parking Places and Controlled Parking Zone) (Birmingham) (Consolidation) Order 1995) (Variation) (No. 93) Order 2016

@mrmustard maybe the CPZ argument could be tested?
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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'
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #8 on: »
Hi Thanks for the reply.  Im not from the area so unable to get an up to date picture. Regarding my initial thought on Sundays and bank holidays this is what the meter said. BTW none of the meters were working.


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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #9 on: »
The meters have nothing at all to do with the SYL you were parked on. That is governed by the restriction plate (if any) or the controlled parking zone signage you passed (if any) on your route into the zone.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #10 on: »
OP, at this stage I suggest you just stick to the basics of why and for how long you were there, who is the registered keeper and are their DVLA details current.

By the way, it's very sensible of the council to switch off the meters on days when parking is free, which begs the question: why did you even look?

Is this simply a case of you parking on a SYL and being unsure of the restricted hours consulted a P&D machine and on finding that parking in a parking place was free assumed the same applied to the SYL? Quite common I would think.

On another point, if the CPZ sign posted by Incandescent is still there then the contravention grounds are incorrect because loading is also prohibited.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #11 on: »
Hi

Thanks for your reply registered keeper is my employer. DVLA details are current. I looked to see the times of operation i presumed this would be inline with the single yellow as i wasnt aware of the CPZ.

Yes the sign is till there.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #12 on: »
I have just found this on Mr Mustards posts

The Appellant is represented by Mr D Dishman.

The Authority's case is that the Appellant's vehicle made a prohibited turn (no right turn) when in Reede Road on 22 January 2023 at 16.38.

I have allowed this appeal because I find the PCN has incorrectly stated the period for payment of the reduced penalty amount as being '...14 days beginning with the date of service of this notice...'. The correct time period is '14 days from the date of the Notice'.

Accordingly, I find the PCN is not compliant with the regulations and not enforceable.

The appeal is allowed.

Mine says the same mistake ? Would this be my defence?

Thanks
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #13 on: »

No. Different legislation with different provisions.

So, what does your employer being the registered keeper mean in practice?

That if the authority reject your challenge they would be issued with a Notice to Owner demanding the full penalty with no discount offered. They cannot transfer liability to you, it's their head on the block.

So, what's their normal practice for dealing with NTOs?

As I posted, the contravention is incorrect. If the authority wish to rely upon the contravention having occurred in a CPZ then the validity of their gateway signs comes into play. The sign we've seen creates 24/7 No Waiting and No Loading restrictions. It therefore follows that the contravention grounds cannot be 'parked in a restricted street etc.' it can only be:
'Parked or loading/unloading in a restricted street etc..'

Why does this matter?

Because the PCN is required by law to state the contravention grounds and this one doesn't.

Wait for others to comment.
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Re: Birmingham, code 01 parked in a restricted street, Louisa Street Bank holiday Sunday
« Reply #14 on: »
ok so todays is my last day to submit. Anyone know what basis I should appeal on? Thanks in advance
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