3. Contravention Code 01 Parked in a restricted street during prescribed hours - Trafford
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Tomoloro

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Contravention Code 01 Parked in a restricted street during prescribed hours - Trafford
« on: November 19, 2023, 03:21:12 pm »
Hi everyone,

I got a PCN yesterday - Contravention Code 01: Parked in a Restricted Street during prescribed hours. And just looking for some advice on whether its worth appealing. I returned home from work on Friday 17th November at around 23.30pm and there was nowhere to park on the street so I parked right at the bottom on double yellows. I've attached link to the google maps of the location. Admittingly it was wrong to park on double yellows but frustratingly, my street is on of a handful in the area with no resident parking permits and due to the proximity to the airport, a few holidaymakers leave their cars there for days at a time. Residents to usually park on double yellows overnight but normally leave early the next days for work. Anyway - is it worth appealing to the council given they have previously refused to implement parking restrictions on the road or should I just pay up?

Any advice would be really appreciated.

Thanks


https://www.google.com/maps/@53.3822806,-2.3414362,3a,75y,74.77h,80.52t/data=!3m6!1e1!3m4!1scD7ckW7GH7BGrNIdBg_N0w!2e0!7i16384!8i8192?entry=ttu
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Incandescent

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Re: Contravention Code 01 Parked in a restricted street during prescribed hours - Trafford
« Reply #1 on: November 19, 2023, 05:24:07 pm »
Looking at those DYLs I can't see those being moved, but have you any idea why the council have refused to put in resident parking bays ? If you could assemble enough signatures for a petition, you might get a result, but many people may be reluctant to pay for resident permits. Councils will always find a way to make money out of a parking scheme !

I don't know what hours you work, but the zig-zag school markings for "No Stopping" only apply 08.00 to 17.00.  Outside those hours, there is no parking restriction, because there is no other road marking there, like a single-yellow.
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cp8759

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Re: Contravention Code 01 Parked in a restricted street during prescribed hours - Trafford
« Reply #2 on: November 20, 2023, 11:43:15 pm »
The TRO is The Borough of Trafford (Prohibition of Waiting and Loading and Provision of Parking) Order 2001, but these lines were implemented in 2014 so I'll have to get the amending order.

The timeframes on the PCN are wrong, they should run from the date of the contravention and not from the date of service, as per Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023), also there's an 0845 number on the PCN and that can also win on its own, as per Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022).

Given these issues with the PCN wording, I definitely wouldn't be paying it.

However in the first instance please give us the PCN number and the number plate so that we can check out the council photos.
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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'
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cp8759

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Re: Contravention Code 01 Parked in a restricted street during prescribed hours - Trafford
« Reply #3 on: November 27, 2023, 12:52:43 pm »
@Tomoloro are you still with us?

I've now got The Borough of Trafford (Prohibition of Waiting and Loading and Provision of Parking Order 2001) (Amendment No 89)(Part A) Order 2009 but there's not much point going through it if you've given up.
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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
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