Author Topic: Council Issued PCN for “Parked causing an obstruction” Location “Outside Garages”  (Read 14837 times)

0 Members and 139 Guests are viewing this topic.

Absolutely, which is why the TMA excluded on-street obstruction because the exercise of subjective opinion requires training and is best left with the police. But they did introduce the '50 cm' contravention to help councils deal with this form of parking(double parking), particularly near sports grounds.
Fine, but that's the whole point, surely ? The car is not parked in a car park but on-street.

Hi all,

The council has responded to my formal representation.

https://ibb.co/WWCy8m2X
https://ibb.co/CdYD98F

They have also stated they have reinstated the discounted price of £80 as a "Gesture of goodwill".

They are in a muddle.

They note the point about terms but then say you should know what they are without anything telling you what they are.

They note the area is wide but it's still obstruction...

They say it's off road but parking rules that apply to a road apply here as per the Highway Code - this is bonkers.

See what others say but I think I'd take it to the tribunal.



My thoughts exactly.


Just bumping this if anyone else has anything to add

If you want to take it to the tribunal all you have to do is register the appeal. You can upload an update to your reps later. You should opt for an online or phone hearing.

It will mean it's all or nothing.

What will be a more suitable grounds to appeal on?

The contravention did not occur.

Or

The traffic order allegedly contravened is invalid.

While the informal and formal reps argued that no contravention had occured, if I understand correctly, then the latter can be argued for as well as the contravention was for an off-street restriction yet I was parked in an on-street permit zone, therefore rendering it invalid.

Unless I am conflating 'traffic orders' with 'contraventions' that the council can use as the grounds for issuing a PCN.

I have just noticed that you are able to select more than one reason for your appeal.

Should I then select both in this instance?

Please advise accordingly.


Have you seen the Traffic Order?
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

No, I have not.

But,

After doing some research I have found that I have misunderstood what "The traffic order allegedly contravened is invalid" means, therefore I will register the appeal on the grounds that the contravention did not occur.

post your intended appeal before you send it.
Quote from: andy_foster
Mick, you are a very, very bad man

Okay, I’ll try my best to draft an appeal using everything we have so far and hopefully can be amended.

As I said you don't have to construct an appeal now - you can just register the appeal, and the date could be months away.

I think one of the grounds is procedural impropriety - they are trying to enforce an off-street contravention where no terms are posted while referencing on-street obstruction, and the only sign is an on-street permit sign.

When I was registering the appeal last night, I got to the stage where it confirms the details and then you can accept and send, so at this point I assume you mean once you’ve sent it you can still edit your appeal, correct?

Just wanted to make sure as I didn’t want to send it with nothing and then realise I can’t edit it.

Okay...

I registered the appeal, in the section where you can write your appeal, I just put a marker so as to update it later, but it seems to accept that as the final word. I was under the assumption I can edit this later as per your message, but it seems like I can't, unless I am missing something...