Author Topic: Manchester, code 12 parked in permit holder street, Lausanne Road - Breakdown  (Read 812 times)

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Hi,

I've drafted a formal representation. I thought that focusing on the time of the call would be best as that was the reason stated for the rejection of the inital appeal. Please let me know if I need to change anything!




Parking ticket number: MC28146993

Vehicle registration number: YT03 ONH

Date of Penalty Notice: 02/04/2024

I am writing to make a formal appeal with regards to the above parking ticket.

At the time of the alleged contravention my vehicle was broken down due to reasons beyond my control and could not be moved.

On my previous appeal, I submitted evidence of this by way of the RAC breakdown report when they attended (please see attached). This was rejected on the basis that the breakdown evidence was insufficient. The reason given was the following:

“The report provided states the call to RAC was made at 15:36, however, the vehicle was already parked in contravention prior to this.”

I would like to submit further evidence to be considered that includes call logs made from my mobile phone to the RAC (please see attached). The breakdown report states the time of the RAC call that successfully resulted in a patrol attending my vehicle. However as you can see, this was not my first call and many were made before the time of contravention.

The time of the alleged contravention was 08:58 on the 2nd April 2024. My first call to the RAC as shown in the call logs was 19:45 on 1st April 2024. From this time to 15:36 on the 2nd April I had made and received multiple calls from both the RAC call center number (0333 200 0999) and their local number (01922 437200).

I trust that in light of this further evidence you will agree to cancel the PCN.


That's an excellent draft, I'd just suggest that before the last paragraph you add:

As my vehicle broke down prior to the start of the restricted hours, I was prevented from moving my vehicle owing to circumstances beyond my control and I made all reasonable efforts to summon the assistance of my breakdown company. It follows that the contravention did not occur.

Remember to keep a screenshot of the confirmation page.
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

« Last Edit: June 05, 2024, 08:21:33 pm by cp8759 »
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

Hi, just wanted to give an update with this. They accepted the appeal and cancelled the PCN!

Thank you for all the advice and guidance through all this.

Link to cancellation letter: https://imgur.com/a/hPsscuo
Winner Winner x 1 View List

Given we're inundated with cases at the moment, I'm really really happy we don't have to take this to the tribunal
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