Author Topic: code 86 parked beyond bay markings ticket south glous  (Read 289 times)

0 Members and 0 Guests are viewing this topic.

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
code 86 parked beyond bay markings ticket south glous
« on: August 15, 2023, 02:24:19 pm »
my bad, thought its Sunday and there wont be any ticket men around and I wouldn't be causing any harm for an hr... got pinched.

but shouldn't it be code 81: parked in a restricted area in carpark?? or are 86 and 81 interchangeable and it can be either







cheers for any help
« Last Edit: August 26, 2023, 07:51:36 pm by cp8759 »

Share on Facebook Share on Twitter


H C Andersen

  • Hero Member
  • *****
  • Posts: 891
  • Karma: +19/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #1 on: August 15, 2023, 02:47:47 pm »


Parked beyond...is perfectly OK as grounds for how you were parked.

But whether the traffic order specifies that vehicles must be parked wholly with bay markings would only be revealed once the order has been checked.

Articles 3(1) and 7(1) and column 3 of page 6 would suggest vehicles must..

https://tro.trafficpenaltytribunal.gov.uk/TRO/South%20Gloucestershire/X2221CopyOrderpdf-V1-carparks.pdf

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #2 on: August 16, 2023, 08:25:29 am »
thanks for your reply :) so the crux of this is the TRO says "wholly" and the ticket in contrast says "beyond" and i should challenge based on this??
« Last Edit: August 16, 2023, 09:52:31 am by stickit2theman »

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #3 on: August 18, 2023, 09:23:55 am »
bump. any other views from anyone or how i could word a challenge to this??

cp8759

  • Administrator
  • *****
  • Posts: 4599
  • Karma: +107/-4
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #4 on: August 20, 2023, 05:00:45 pm »
Please give us the PCN number and the number plate, there's a couple of things I'd like to check.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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.

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

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #5 on: August 21, 2023, 10:24:46 am »
sure LN59YCA

GS50553106

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #6 on: August 22, 2023, 12:18:55 pm »
any joy??

cp8759

  • Administrator
  • *****
  • Posts: 4599
  • Karma: +107/-4
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #7 on: August 26, 2023, 07:50:04 pm »
The images of the signage on the council website are in too low a resolution, are you able to go back and get us some photos of the signage?

As the discount is gone it' now a no-brainer to wait for the Notice to Owner.
« Last Edit: August 26, 2023, 07:52:28 pm by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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.

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

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #8 on: September 07, 2023, 09:34:54 am »
Hi yes I will do that... I did fire in an unofficial challenge through the site but didnt hear anything or even get a conformation email. Does the NTO have to come within a certain time frame?? its been just over a month now since the ticket

cp8759

  • Administrator
  • *****
  • Posts: 4599
  • Karma: +107/-4
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #9 on: September 09, 2023, 04:52:28 pm »
The deadline for the NTO is 6 months from the date of service of the PCN.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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.

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

cp8759

  • Administrator
  • *****
  • Posts: 4599
  • Karma: +107/-4
    • View Profile
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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.

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

Incandescent

  • Hero Member
  • *****
  • Posts: 1751
  • Karma: +49/-0
  • Gender: Male
  • Location: Crewe
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #11 on: September 29, 2023, 01:52:23 pm »
The deadline for the NTO is 6 months from the date of service of the PCN.
Indeed it is, but the Statutory Guidance has something to say on this: -

Quote
Issuing the notice to owner
If the penalty charge is not paid the enforcement authority may issue a notice to owner (NtO). The purpose of this is to ensure that the PCN was received by the vehicle owner and to remind the vehicle owner that the payment in full is now due and, if it is not paid within a further 28 days, it may be increased.

The NtO may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is 6 months [footnote 33] from the ‘relevant date’. There should be a very good reason for waiting that long to serve an NtO. The regulations set out the information that the NtO must [footnote 34] give.

There are different requirements when the penalty charge notice acts as the NtO - see the section in this guidance on ‘Enforcement using approved devices’).

Authorities must [footnote 35] specify on the NtO (or the PCN when served by post) the statutory grounds on which representations may be made. Where a photograph or other camera evidence shows that the parking contravention took place, authorities should send this with the NtO as it should help to prevent unfounded representations.
Agree Agree x 1 View List

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #12 on: November 17, 2023, 03:44:31 pm »
update: rejected appeal, I based my appeal on 2 points stating that - "wholly" is not synonymous with "beyond" and the PCN should have been code 81 parked in a restricted area of the car park

They have ignored my point on code 81 completely... also called where i was parked a hatched bay with white markings?? looks like a restricted area of the car park to me and its yellow.

the sign says (86) not parked correctly within a bay or space



link to pic of rejection letter

https://ibb.co/SN30HfK



link to pic of the sign as requested

https://ibb.co/wd36gyc
« Last Edit: November 17, 2023, 07:35:06 pm by stickit2theman »

Pastmybest

  • Sr. Member
  • ****
  • Posts: 396
  • Karma: +12/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #13 on: November 17, 2023, 04:34:56 pm »
Why did you make representations before posting the NTO here? we could have checked it for errors

Still we are where we are, The council in their rejection defend parked in a restricted area not parked beyond bay markings post it all and lest see what we can offer

stickit2theman

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: code 86 parked beyond bay markings ticket south glous
« Reply #14 on: November 17, 2023, 07:40:02 pm »
oops yeah should have probably done that.. will post the rest when i get home

you can now see the sign picture as well as in my last post as it hadn't posted..

is there any grounds for culling this on the fact that "parked beyond" is written on the PCN ticket and the sign says nothing of the sort??