3. Lancashire county council, code 1 parked in restricted area during hours
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Lancashire county council, code 1 parked in restricted area during hours
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Got a ticket for the first time parking outside my own house, never had an issue for years since I’ve been driving and have parked at all times of the day. There’s other cars that park there at similar times to the ‘restricted hours’ and haven’t got a ticket. I’ve tried appealing that and they still rejected can anyone help?

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #1 on: »
For meaningful advice please provide a GSV link to the location, as there are several 356 Blackburn Roads in Lancashire.

Also re-post the front of the PCN with the Location re-instated, as it may be too vague, nor can we tell if you have a 'legitimate expectation' defence...

And please add copies of your challenge and the Council's rejection.
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #2 on: »
Here’s the link https://maps.app.goo.gl/3LGsbp9Ck6fJ23dU9?g_st=ic

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #3 on: »
Presumably you were parked on the SYL, not the 'bus stop?

GSV not much help I'm afraid, with 'legitimate expectation' as the last view is July 2018, and neither that nor the older views show parked cars on that stretch. Can neighbours provide statements about lack of enforcement?

Challenge and rejection?
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #4 on: »
I parked beyond the bus lane on the single yellow and have photos of other cars being parked there within the same time I got a ticket
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #5 on: »
I have requested the traffic order as something may turn up (or not, which would be even better).

Don't worry about the discount, as long as the council received formal representations against the Notice to Owner within 14 days of the date of issue, they'll re-offer the discount anyway, so there's little risk in carrying on.

The only thing you need to do at this stage is double check that the address on the V5C is 100% up to date.
« Last Edit: July 13, 2023, 12:32:27 am 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: Lancashire county council, code 1 parked in restricted area during hours
« Reply #6 on: »
Yeah the address is the same one on the logbook
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #7 on: »
What do I need to appeal this?
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #8 on: »
Quote from: Zhaig on July 17, 2023, 05:19:36 pm
What do I need to appeal this?
Well, basically you were parked on a single yellow line during its restricted hours, so a PCN is legit. Parking outside your own house doesn't negate any restrictions there are on the street.  However, you say you have never been penalised before and have parked this way for a long time, so you can claim "legitimate expectation" of no PCN. The only thing is you have to show that you had this expectation, so need some sort of proof to back up your claim.
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #9 on: »
What sort of proof would be acceptable, I’ve got pictures of the street full with no tickets at similar times is that okay?
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #10 on: »
Legitimate expectation can work but it's not a sure thing, many adjudicators won't accept it, certainly not on yellow lines. Even if you get an adjudicator who does accept the argument, you'd need something more than a couple of photos. If you can get statements from a number of residents (3 to 5) saying they've parked there for X years and never had a PCN, that would give you a fighting chance.
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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: Lancashire county council, code 1 parked in restricted area during hours
« Reply #11 on: »

OP, what's the basis of this in their response?

'..please be advised police/council members do not have any authority to allow/advise....'

As per John U.K. post your challenge pl.
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #12 on: »
Can’t find it now but I just sent the response soon as I received the ticket saying what I’ve said here how I’ve parked for years and had nothing and have asked officer before and they said it was fine
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #13 on: »
Do you think you could get statements from people who live on the street?
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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: Lancashire county council, code 1 parked in restricted area during hours
« Reply #14 on: »
Don’t think so
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