3. Lancashire county council, code 1 parked in restricted area during hours
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Author Topic: Lancashire county council, code 1 parked in restricted area during hours  (Read 1350 times)

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #15 on: »
Then to be honest, subject to whatever might turn up in the traffic order, your best bet is to challenge the Notice to Owner within 14 days of the date of issue to get the discount reinstated. If you're really lucky they might make a procedural error in the Notice of Rejection.
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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 #16 on: »
The traffic order is The Lancashire County Council (Hyndburn Borough Area) (On Street Parking Places, Prohibition and Restriction of Waiting) Consolidation Order 2009.

The relevant entry seems to be item 17 b)(iv) on page 75.

I can't see any issues with the order itself but wait for others to comment.
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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 #17 on: »
So does that say parking is allowed from the point of hartmann street to Russia st? My car is parked within that on the main rd
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #18 on: »
Quote from: Zhaig on July 24, 2023, 04:59:05 pm
So does that say parking is allowed from the point of hartmann street to Russia st? My car is parked within that on the main rd
That entry is within the "No Waiting Mon-Sat 8am-6pm" section that starts on page 73 of the PDF (annoyingly the pages numbers written in the document itself are wrong and don't match 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 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 #19 on: »
Notice to owner arrived

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #20 on: »
Notice

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #21 on: »
Notice

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #22 on: »
You have until 27 August to make a representation that should get the discount reoffered, I'll have a proper look when I get a 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 #23 on: »
Please post the back of the PCN.
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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 #24 on: »
This is from the Original

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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #25 on: »
In all honesty I can't see any solid grounds here, so your best bet is to make a plea for discretion and hope they mess up the response.

Write a draft based on the comments made so far and we'll review it for you.
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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 #26 on: »
'I parked beyond the bus lane on the single yellow...[in the length of road between] hartmann street to Russia st?'


' have parked here at all times of the day'

But it's a SYL. The concept of legitimate expectation can apply in a range of situations, but if the adjudicator looks at you and asks why you parked on a SYL, apparently at will, what would you say? You've posted that you asked (presumably relevant council officers i.e. CEOs) and were told it's OK. To be honest, it's difficult to imagine a CEO saying it's fine to park on a restricted SYL for however long you like when you like, but if you say this happened and that it formed the basis of you parking(which is not legitimate expectation but permission of a CEO) then say so in your reps.
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #27 on: »
Quote from: Zhaig on September 06, 2023, 01:45:08 am
If the representation gets rejected will I get the 50% of or will it still be 70
Have you made a representation yet? If you make representations within 14 days of the date of issue the discount is normally reoffered. On the other hand if you've missed that deadline, there's no point in paying the full amount now.
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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 #28 on: »
Yes within the 14 days and didn’t get the discount re offered
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Re: Lancashire county council, code 1 parked in restricted area during hours
« Reply #29 on: »
Quote
Yes within the 14 days and didn’t get the discount re offered

So, you have had a reply to your reps?
If so, post it here with your reps.
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