3. Manchester city council PCN
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Author Topic: Manchester city council PCN  (Read 1176 times)

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Re: Manchester city council PCN
« Reply #30 on: »
Quote from: cp8759 on April 18, 2025, 07:54:03 pm
Quote from: gunnapr on April 18, 2025, 06:44:35 pm
i can ask him about witness statement but the only problem his business doesnt know that he is taking my stuff.
Well a wittiness statement from him is the bare minimum you would need. It's not exactly very likely that the business owners are going to be checking random tribunal decisions to check if any of the employees have given a statement.

Thanks,
Ok will he need to sign the document and post it to council? or i need to include this in my representation to the council. Also will at any stage required to attend the tribunal to give statement?

I can ask him and see id he is ok to give witness statement.

Regards
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Re: Manchester city council PCN
« Reply #31 on: »
He will need to provided it to you and you will need to provide it to the council with your representation.
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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: Manchester city council PCN
« Reply #32 on: »
Quote from: cp8759 on April 18, 2025, 09:58:33 pm
He will need to provided it to you and you will need to provide it to the council with your representation.

Thanks CP,

I will ask him to do that, can you please help in drafting the letter so i can ask him to sign?

Regard
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Re: Manchester city council PCN
« Reply #33 on: »
I'm going to PM you so we can arrange this.
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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: Manchester city council PCN
« Reply #34 on: »
Quote from: cp8759 on April 18, 2025, 11:01:32 pm
I'm going to PM you so we can arrange this.

Thank you appreciate it.
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Re: Manchester city council PCN
« Reply #35 on: »
OP, just to remind you of the exemption:

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),

The driver also has to prove to the satisfaction of the adjudicator(I think it's reasonable to assume that the council would reject) that delivering could not reasonably have been carried out with the vehicle parked elsewhere.

But if this got to adjudication procedural matters would also come into play anyway.
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Re: Manchester city council PCN
« Reply #36 on: »
Quote from: H C Andersen on April 19, 2025, 09:13:07 am
OP, just to remind you of the exemption:

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),

The driver also has to prove to the satisfaction of the adjudicator(I think it's reasonable to assume that the council would reject) that delivering could not reasonably have been carried out with the vehicle parked elsewhere.

But if this got to adjudication procedural matters would also come into play anyway.

Will the letter from the scrap yard not enough to prove that vehicle is parked for delivering stuff?

Also the road side car park was full and that the only place available to park for short time.

Thanks
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Re: Manchester city council PCN
« Reply #37 on: »
Delivering is not sufficient. The second condition is equally important. And as you probably realise, while the first part could be proved objectively the latter would likely not because no-one took photos or made notes of the situation in the area as regards other places to park.

You can advance your claim that 'delivery could not ........', but tobe blunt it's a long shot and IMO, you should be aware that winning at adjudication against this contravention using the 'delivery' exemption is very difficult.

But perhaps a council procedural c**k-up might win the day for you. 
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Re: Manchester city council PCN
« Reply #38 on: »
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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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