3. PCN - Loading Bay - Code 25 - Bradford
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #30 on: »
Hi @cp8759. I have written the response in post 28. Could you please check and confirm/edits please before I submit it tonight?

Thank you so much for your support and guidance on this.

Kind Regards


Quote from: cp8759 on July 19, 2024, 01:06:55 am
@Admiration I think the text you've put in reply 22 above is fine, if nobody suggests anything additional within the next couple of days I suggest you submit it.
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #31 on: »
Looks fine, I'd go with it.
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #32 on: »
@Admiration I don't have anything to add to your proposed draft. In all honesty, I don't think there is anything you could possibly say that would actually persuade the council to cancel the PCN, but if you get lucky they might mess up the response.
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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: PCN - Loading Bay - Code 25 - Bradford
« Reply #33 on: »
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #34 on: »
Thanks @cp8759. Are you suggesting that there are slim chances of the pcn getting cancelled? or I got it wrong?

Kind Regards


Quote from: cp8759 on July 23, 2024, 07:48:25 pm
@Admiration I don't have anything to add to your proposed draft. In all honesty, I don't think there is anything you could possibly say that would actually persuade the council to cancel the PCN, but if you get lucky they might mess up the response.
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #35 on: »
Quote from: Admiration on July 23, 2024, 09:59:55 pm
Thanks @cp8759. Are you suggesting that there are slim chances of the pcn getting cancelled? or I got it wrong?
I think you only get a fair chance at the Traffic Penalty Tribunal, but you can't appeal to the tribunal until you get a formal Notice of Rejection from the council.
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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: PCN - Loading Bay - Code 25 - Bradford
« Reply #36 on: »
Got that. Thank you.

Quote from: cp8759 on July 23, 2024, 11:43:28 pm
Quote from: Admiration on July 23, 2024, 09:59:55 pm
Thanks @cp8759. Are you suggesting that there are slim chances of the pcn getting cancelled? or I got it wrong?
I think you only get a fair chance at the Traffic Penalty Tribunal, but you can't appeal to the tribunal until you get a formal Notice of Rejection from the council.
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #37 on: »
Hi @cp8759, I was travelling so did not get chance to share this earlier. I received it with date printed as 31st July 2024.

1. They have not offered 50% discount.
2. They have declined all the points I raised.
3. They have asked to pay within 28 days or pay higher fee.

Please advise what should I do now as next step?

The letter front is here: https://www.dropbox.com/scl/fi/7tvtiydkyfqpcs17nbv3k/20240811_210424-1.jpg?rlkey=wf8xzwqbb1pg70xekvthryc25&st=b69dklij&dl=0

and

https://www.dropbox.com/scl/fi/b0tmf41sj7gwwy0qffktx/IMG-20240811-WA0006.jpg?rlkey=sshzkxwuwczhwxkqx70sgnhnu&st=kjolk3lu&dl=0

All the documents are saved here:
https://www.dropbox.com/scl/fo/kqgjotwqb5bemieec41l7/AHkkWYJ3_oaaWA1rndELoek?rlkey=6fkhc4v20d3am1441pn0fcws6&st=bhfenu70&dl=0

Many Thanks


Quote from: cp8759 on July 23, 2024, 11:43:28 pm
Quote from: Admiration on July 23, 2024, 09:59:55 pm
Thanks @cp8759. Are you suggesting that there are slim chances of the pcn getting cancelled? or I got it wrong?
I think you only get a fair chance at the Traffic Penalty Tribunal, but you can't appeal to the tribunal until you get a formal Notice of Rejection from the council.
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #38 on: »
@Admiration well if the discount is not on offer then you might as well appeal, as you can't end up any worse off and you might win or the council might not contest the appeal.

I'll drop you a PM in case you'd like to be represented.
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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: PCN - Loading Bay - Code 25 - Bradford
« Reply #39 on: »
Thanks @cp8759.

Does it mean that if I don't win the appeal, I will pay £70 (and nothing extra)?



Quote from: cp8759 on August 11, 2024, 06:16:50 pm
@Admiration well if the discount is not on offer then you might as well appeal, as you can't end up any worse off and you might win or the council might not contest the appeal.

I'll drop you a PM in case you'd like to be represented.
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #40 on: »
Quote from: Admiration on August 12, 2024, 01:52:08 pm
Thanks @cp8759.

Does it mean that if I don't win the appeal, I will pay £70 (and nothing extra)?
That's correct.
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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: PCN - Loading Bay - Code 25 - Bradford
« Reply #41 on: »
When and how did you submit your reps pl?

I see that 'Parked in a loading place during restricted hours without loading' in the PCN and NTO has now become 'parked in a loading bay...' in the NOR.

Why can't they use the correct grounds? If a 'loading place' was synonymous with a 'loading bay', then the Secretary of State for Transport, who no doubt was a busy person, would not have prescribed 'parked in a loading place or bay ..'
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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #42 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
Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #43 on: »
Quote from: cp8759 on October 09, 2024, 10:40:58 pm
Outcome.

Well done :)
How refreshing to have an adjudicator not only illustrate his decision, but also give thorough consideration of most of the p;oints raised in the appeal.
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  3. PCN - Loading Bay - Code 25 - Bradford