3. Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
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Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
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I received a "notice to owner" letter in the post yesterday.
https://www.flickr.com/photos/198844445@N04/53077407708/in/dateposted-public/
https://www.flickr.com/photos/198844445@N04/53077304795/in/dateposted-public/
This letter was the first I was made aware of the matter.
The background to my case is this: last month my car was in at a garage for investigation work for a few days. Upon completion of the work I needed to arrange a lift to go and collect it so I had asked them to park it outside their compound as I wasnt certain I would be able to get a lift there before closing time and as I was due to go on holiday the next day (which is how I remember how/why it was parked where it was) I didnt want to risk it being locked in their compound as I obviously wanted it to be at home locked in my own garage while I was away.
I got a lift to pick it up at around 5.30pm, the car was parked as shown in the evidence photos however there was no ticket on the windscreen(although evidence photos shows it was there a few hours earlier) I therefore had no idea that there had been a pcn issued and to be honest I wouldnt have expected there to be one as I honestly did not think the car was parked anywhere it shouldnt have been.
https://www.flickr.com/photos/198844445@N04/53077304805/in/dateposted-public/
https://www.flickr.com/photos/198844445@N04/53076895621/in/dateposted-public/

Upon receiving the "Notice to owner" letter I have enquired with the garage if anyone there knew anything about it/the missing ticket from windscreen but nobody did (or at least admits to knowing about it) So I know as the legal owner of the car the liability for the pcn ultimately lies with me, however the problem I have is because I didnt know about it the deadline for the 50%discounted amount has passed and I am now being asked for £70.
Also upon looking at the photos the code 27 contravention they state is the reason for the pcn doesnt seem right as it refers to being "parked in a special enforcement area adjacent to a footway,cycle track or verge loweredto meet the level of the carriage way" - which it wasnt!! This is a google street view photo and link to google maps of where it was parked
https://www.flickr.com/photos/198844445@N04/53076895701/in/dateposted-public/
https://goo.gl/maps/TQXKAwAT2hZEEXgA9

So my question is can anyone help with advice on either whether I might have a case to appeal the pcn or at the very least get the charge reduced back to the discounted 50% amount? Thank you in advance to anyone who can offer any help
« Last Edit: July 29, 2023, 12:41:33 am by johnpb39 »
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Re: Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
« Reply #1 on: »
I wouldn't worry about the discount, the allegation on the PCN is the wrong one.

Looking at the photos, I can see why the PCN was issued:





However given the appearance of the location on GSV here https://goo.gl/maps/yzcTNVjPGuEQ3NVA6 it is clear that the kerb is not lowered, it's the carriageway that has been raised. It is also not at all apparent that it has been raised for any of the statutory purposes listed in section 86 of the Traffic Management Act, rather this looks like a traffic calming measure.

Draft representation:

Dear Newcastle City Council,

The contravention alleged, "27 - Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway", did not occur.

At first sight it appears the CEO might have wanted to issue a PCN for "28 - Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway, cycle track or verge", but that is not what is alleged on the PCN and the council cannot now amend the allegation.

In any event, having reviewed the location, it is not at all apparent that the carriageway has been raised for any of the statutory purposes listed in section 86 of the Traffic Management Act 2004, rather this appears to be a section of carriageway that has been raised as a traffic calming measure.

In any event the contravention actually alleged on the PCN did not occur, and for that reason the penalty chage must be cancelled.

Yours faithfully,


Make representations online and make sure to keep a screenshot of the confirmation page.
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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: Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
« Reply #2 on: »
hi I just wanted to thank you for the advice you gave - I followed your advice and submitted representation online and have received their response letter this morning. I just wanted to share it with you as an update to my case. Although they are still claiming to be right in issuing the pcn the have cancelled it as a "gesture of goodwill" so think I'll just leave it at that despite the fact I still do not agree the pcn was issued correctly in the forst place

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Re: Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
« Reply #3 on: »
You could go contact the data protection officer and make a request under the GDPR right to rectification, to have their records corrected to show that the PCN was issued incorrectly.

Some councils will only allow one discretionary cancellation per year or similar, and if you leave things as they are, you've already been given one discretionary cancellation and they might refuse to give you another one. If the PCN was issued incorrectly (which it was), they can't count it as a discretionary cancellation as they have no discretion.

Of course it all comes down to whether you can be bothered, if you think you're unlikely to get another PCN it might not be worth the effort but if you want to go back to them let me know and I'll draft something 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: Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
« Reply #4 on: »
oh wow well yes please if you dont mind drafting something for me that would be very much appreciated! I honestly didn't think there would be much I could do about it as they have cancelled the pcn so there is no fine to pay, so was thinking how do I appeal against that! - but I am really really annoyed about how the worded the letter to make it sound as though they they were still completely in the right and therefore were only cancelling it for "goodwill" not because there had been an error on their part. 
Like you originally said you can see the reason the pcn was issued and although I didnt know before now that parking on a "raised" carrigeway
wasnt allowed I now also understand the reasoning behind it but as you also noticed the place where the vehicle was parked wasnt somewhere that was clearly raised for the intended reason of making it easier for people to cross the road and their letter is still stating that  parking on "raised" is the same contrevention as parkng on "lowered"  but as you pointed out that is a "28" not a "27" (After you brought that to my attention i found a list of newcastle council  contravention codes online at https://www.newcastle.gov.uk/sites/default/files/Differential%20Charging%20Guidelines.pdf which shows that fact so they cant claim they d
ont use 2 seperate codes!)
Although I sincerlt hope not to get any other pcns there is no guarentee that I wont, although I have never had one in my life before now getting this one clearly shows sometimes these things happen so I dont see why I should lose out on  any "goodwill" that may be given should I find myself with a pcn in future just because the council wont admit they are in the wrong/made a mistake in this one
thank you again for the help you have given me already and for letting me know I dont have to just accept having this held against me!

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« Last Edit: August 07, 2023, 11:14:05 pm by johnpb39 »
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Re: Newcastle PCN code 27(but car not parked on drop kerb wrong contravention code)
« Reply #5 on: »
Email dataprotection@newcastle.gov.uk

Dear Newcastle City Council,

This is a request under the right to rectification under the UK GDPR. PCN NU13325540 has been cancelled but the council's records indicate that a contravention occurred, and this has been recorded as a "goodwill" cancellation. This is not correct, the contravention alleged (code 27, i.e. that I parked on a dropped kerb) did not occur so this cannot be a goodwill cancellation, the council had to cancel the notice because it had no choice in the matter. I note that a different contravention might have occurred (code 28, parked on a raised carriageway), but that is irrelevant because the PCN did not allege a code 28 contravention, and only the contravention actually stated on the PCN can be enforced.

The council could count this purported "goodwill gesture" against me in the future, I therefore require the councils records to be corrected to confirm that the alleged code 27 contravention did not occur.

I look forward to receiving confirmation that this has been done.

Yours faithfully,
Logged
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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