Free Traffic Legal Advice

That's not the point.

They are required to consider your reps[in respect of one of the most appalling bits of parking I've seen here for some time,...but my views are not germane] against the correct legal framework.

And if they reject based upon their misapplication of the law then prima facie this is a procedural impropriety which is grounds of appeal itself.

Anyway, hard facts pl:

The formal reps;
Their NOR.

Please.

Thanks for the reply.

I am presenting a representation to Manchester city council so please if you can guide what points i need to include in my representation that would be helpful.

The initial reps pl and their reply.

Thank you.

Below is what i included in my representation

"Hi,
initial appeal was rejected on the grounds stating that  "PCN was given for parking adjacent to a dropped footway. A dropped footway is
where the footway, cycle track or verge has been lowered to facilitate easy access, including
assisting wheelchair users, and other pedestrians".

However according to Traffic Management Act 2004 section 86 states that if there is an exception if the vehicle is  so parked for no longer than is necessary and for no more than 20 minutes in this case driver of the vehicle left the place after 5 mins.

Please see legislation here - https://www.legislation.gov.uk/ukpga/2004/18/section/86
(5)The fourth exception is where—
(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes".

Please check and let me know if the above representation is ok to submit.

Thanks in advance.

'Initial appeal was rejected....'.

I can't follow what's being posted.

What exactly did you submit and what was their reply, which would have been in writing?

Pl read the READ THIS FIRST.. item at the top of the forum's first page and post documents, not extracts, pl.

Hi,@cp8759

Initial appeal was driver was doing a quick delivery on this street and parked the car for only 5 mins by the time driver was back PCN was issued.

Council rejected saying below -
PENALTY CHARGE NOTICE (PCN)

The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022

Penalty Charge Notice Number: QM00184649
Date given: 21/02/2025 at 15:23
Place given: Hoyle Street
Vehicle registration: YA63OKK
Thank you for your enquiry, which we received on 23 February 2025.
You were given a PCN for parking adjacent to a dropped footway. A dropped footway is
where the footway, cycle track or verge has been lowered to facilitate easy access, including
assisting wheelchair users, and other pedestrians.
Dropped footways do not require signs or lines and any vehicle parking alongside a dropped
footway is liable to receive a PCN and; where appropriate, the vehicle may be removed
incurring further charges.
You have stated that I were loading and do not feel you were causing any obstruction,
however in this instance there is no exemption for loading. Dropped footways, as per the
Highway Code, must be left clear at all times.
I have carefully considered your case and I am satisfied that your PCN was issued correctly,
and as such, I have taken the decision not to cancel it.
To view images taken at the time your PCN was issued, please visit
www.manchester.gov.uk/parking
You have these choices:
1. The PCN will be reduced to £35.00 if it is paid within 14 days from the date this letter was
served.
2. If you do not pay the PCN within 14 days of this letter being served, the charge will

increase to £70.00.
3. If the PCN is not paid or successfully challenged, the Council may serve a Notice to Owner
(NtO) after 28 days of the PCN being served on the owner of the vehicle requiring payment of
the full PCN. The owner can then make representations to the Council and may appeal to an
independent adjudicator if those representations are rejected. The NtO will contain
instructions for doing this".


Here is the full letter from council - https://imgur.com/a/pfKWPC2

Thanks

Thanks,

yes, im the addressee in this case.

Regarding delivery, its not like driver is a registered delivery guy like DHL, RM etc just dropping off some stuff the business on the same street brought.

Please let me know if you need more info. I think im running late to make representation with the council.


Thanks.

@gunnapr let's start with the basics, what was being unloaded, and where is the address that the item or items were being unloaded to in relation to where the car was parked?

Also if you're the person who was receiving the items, how has the PCN come to your attention in the first place?

Please post the NTO without redacting anything aside from name and address. The deadline for representations to be received by the council is 30 April so it's not as if you're going to run out of time this week, and it's better to take a bit of time putting a solid argument together. Do not send something off in a mad rush as you won't get another chance.

Lastly "some stuff the business on the same street brought" is largely meaningless, can you rephrase this please?

Hi CP,

Thanks for the reply.

I been delivering/disposing some old crap items that left in my house and the address is Waste On Wheels Northwestern street next to where the car is parked and im the driver at that time and also the owner. When i came back to the vehicle thats when i noticed the PCN.

Please see full NTO - https://imgur.com/a/L3gWjqf


Regards

So did you pay the company to dispose of those items, and if so do you have a receipt?

No i didnt paid for this,  normally you have to pay so they come and collect the waste but i know the guy and he said he got a disposal van with stuff he is going to take it for disposal and said if i can bring the old crap so he will put them in together as the van got some space. so i drove over there and dropped my stuff in the van.


Regards

Does this guy own the business or does he just work there?

Can he sign a witness statement if we help you draft it?

Hi CP,

Guy just works there and i know him so he said he got van which is half empty and its going to disposal site and asked me if i can bring my old crap so he will put them in all in the same van and take it.

i can ask him about witness statement but the only problem his business doesnt know that he is taking my stuff.

Thanks