3. Council PCN with partially obscured signage & unclear bay markings
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Author Topic: Council PCN with partially obscured signage & unclear bay markings  (Read 3496 times)

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Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #30 on: »
Quote from: cp8759 on November 28, 2023, 11:14:48 pm
Does she have any documentary evidence she can use to confirm this? Either something from her day job, or maybe something confirming it was her first shift at her evening job?

I'm sure she has something regarding this being her first shift at her evening job, she should have an email from the employer to be able to provide.
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Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #31 on: »
I think we should adopt the strategy outlined here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-edinburgh-02-parked-in-a-restricted-street-lochrin-buildings-gilmour-pla/msg7413/#msg7413

If you're happy to go with that, drop me a PM and I'll set up a link you can provide to them (I'll need a copy of the email from her new employer).

The deadline to make representations is 10 December so we don't have loads of time.
« Last Edit: December 08, 2023, 07:35:10 pm by cp8759 »
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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'
cp8759 is, indeed, a Wizard of the First Order
Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #32 on: »
Draft representation:

Dear Liverpool City Council,

In the first instance I invite you to cancel the penalty charge based on the following mitigating circumstances. On this occasion I was under serious stress at my day job, and that it was my first shift of my new evening job which is why I was in the city centre, I seldom drive in the city centre and was focused on getting to my new place of work on time, by way of supporting evidence I refer you to the email welcoming me to the company at LINK1 and my shift schedule at LINK2.

The email is dated June 2023 which is when I joined the company and then proceeded to train with the managers. My shift on the 12th September was her first solo shift after I passed my training.

I further draw your attention to the decision in Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023) available from LINK and on the basis of that decision, the PCN should be cancelled in any event.

Yours faithfully,

I will email you a copy with the relevant links.
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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'
cp8759 is, indeed, a Wizard of the First Order
Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #33 on: »
Quote from: cp8759 on December 09, 2023, 03:07:29 pm
Draft representation:

Dear Liverpool City Council,

In the first instance I invite you to cancel the penalty charge based on the following mitigating circumstances. On this occasion I was under serious stress at my day job, and that it was my first shift of my new evening job which is why I was in the city centre, I seldom drive in the city centre and was focused on getting to my new place of work on time, by way of supporting evidence I refer you to the email welcoming me to the company at LINK1 and my shift schedule at LINK2.

The email is dated June 2023 which is when I joined the company and then proceeded to train with the managers. My shift on the 12th September was her first solo shift after I passed my training.

I further draw your attention to the decision in Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023) available from LINK and on the basis of that decision, the PCN should be cancelled in any event.

Yours faithfully,

I will email you a copy with the relevant links.

Happy New Year! Hope you've had a fantastic festive period. Thank you so much for the email, as you know I submitted the representation that same day.

We've received their response today and of course, they've rejected the formal representation ::). I've attached the response to this post.

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Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #34 on: »
bump :)
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Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #35 on: »
Have you registered your appeal? The 28-day period expires on 17 Jan.

You have missed the extended discount period so there's nothing to be lost by registering an appeal.

I suggest:
Contravention did not occur;
Procedural Impropriety.*

You rely upon your formal reps and will upload further representations afyer examination of the authority's evidence.

*- this would capture at least the following:
Did they consider your reps i.e. examine the 'links';
Their response to your request for discretion seems to be that every motorist should comply with traffic signs, which misses the point completely;
They've misstated the period for registering an appeal and their power to issue a charge certificate.
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Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #36 on: »
@davec would you like me to represent you at the tribunal? If so please do not register the appeal yourself.

They've opened one of the links but not the other two, so a failure to consider IMO.
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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'
cp8759 is, indeed, a Wizard of the First Order
Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #37 on: »
Just to keep the thread updated. Agreed for @cp8759 to represent at the tribunal.
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Re: Council PCN with partially obscured signage & unclear bay markings
« Reply #38 on: »
Premature charge certificate issued while the appeal was pending, outcome here.
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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'
cp8759 is, indeed, a Wizard of the First Order
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