3. Bromley - PCN is this Not Parking Correctly within the markings of the bay?
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #60 on: »
If you want free tribunal representation please email the unredacted notice of rejection to mrmustard@zoho.com
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #61 on: »
Hi MrMustard
I'm happy to go to tribunal myself, as long as I know what I'm saying?
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #62 on: »
I would accept Mr Mustard's offer - you can appear jointly.

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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #63 on: »
Another procedural error in the written NOR..

..28 days from the date of service....

No, beginning on!

This error is also reproduced, surprising as it might seem, in the Your Right to Appeal form.

So, you have two procedural improprieties, one in the NTO and one in the NOR.

And as the discount hasn't been re-offered it's a no-brainer to register an appeal.
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #64 on: »
Quote
And as the discount hasn't been re-offered it's a no-brainer to register an appeal.
+++111
Total and absolute no-brainer !
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #65 on: »
Thanks for your help on this case.

I have just logged on in order to go to the London Tribunals. It is asking me my reason for appealing.

Do I state the procedural errors (as detailed by Andersen above) only, or do I also include the lack of signage too which we ascertained in the first appeal?  Do I have to hedge my bets in these cases?

Thank you,

FR
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #66 on: »
It doesn't matter as you'll be putting all grounds into the appeal. I'd just choose contravention didn't occur.

I would hand it over to Mr Mustard though as he's offered. You can read his exploits here:

https://lbbspending.blogspot.com
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #67 on: »
Thanks StanfordMan, I have emailed Mr Mustard with the details after all, much easier to let the experts take over!
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Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #68 on: »
One of my six tribunal hearings yesterday. case 2250181269

The Appellant was represented at the hearing by Mr Dishman.

The vehicle was certainly parked marginally outside the bay markings.

The Traffic Management Order provides as follows :-

14. Every vehicle left in a parking place in accordance with the foregoing provisions of this Order shall so stand:

(a) in the case of a parking place in relation to which special provisions as to the manner of standing of a vehicle in that place are specified in column 6 of the Schedule as to be in accordance with those provisions;

(b) that every part of the vehicle is within the limits of a parking space which shall be an appropriate parking place in relation to the parking device in which has been or should have been inserted any coin for the purpose of payment of the parking charge or the displaying of a parking permit.

17 Updated to Amendment No. 120 -202017 (c) in the case of any other parking place - (Ð if the parking place is not in a one-way street, that the left or near side of the vehicle is adjacent to the left hand edge of the carriageway; and that the distance between the edge of the carriageway and the nearest wheel of the vehicle is not more than 300 millimetres; (d) that no part of the vehicle obstructs any vehicular means of ingress to or egress from any premises adjacent to the side of the road on which the vehicle is waiting.

This rather unusual wording appears to restrict the requirement to park within the markings of a bay to payment bays. The remaining limitations on other cases is in the form of exceeding a certain measurement from the edge of the carriageway. Whether or not the vehicle was in breach of such a condition, that is not the contravention for which the PCN was issued, The contravention for which the PCN was issued is not supported by the TMO and the Appeal is therefore allowed.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Bromley - PCN is this Not Parking Correctly within the markings of the bay?
« Reply #69 on: »
A great result Mr Mustard, and my thanks again for winning for us!
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