She was not parked during the 'No Loading' times.
This is accepted by the council because otherwise the contravention would have been given as 'parked or loading/unloading where waiting.....'.
So let's shoot this hare even before it gets out of the traps.
The driver says they displayed a BB and 'parking disc' AKA clock which was set to the quarter-hour time of 11.30 which means the driver is declaring that they parked on or after 11.30 but before 11.45.
However, there isn't any objective evidence of this. Neither does there appear to be a photo of a PCN.
Perhaps...
I refer to the NTO dated *** in respect of a PCN allegedly served on my vehicle at ** on ** alleging a contravention of 'parked....'.
The contravention did not occur because at the time I was displaying my BB and clock in the prescribed position as required for no more than 3 hours*. I enclose a copy for your records.
As I did not find a PCN on my car when I returned, I had no reason to photograph its position and therefore have no objective evidence on this point, just as the authority do not have objective evidence in the form of photos that such a PCN was even served or disproving the display of a BB. However, as I have held a BB for ** years, park at this location regularly- indeed my car car be seen in the enclosed GSV dated ***- and would assert at adjudication that my BB was displayed you've got to ask yourself one question. Do you feel lucky? Well, do ya ****.
obviously the ending is optional!
*- there are two parts to the exemption granted to BB holders. The 3-hour limit AND no return within 1 hour. Could the contravention possibly be linked to the second limb?
Are you ok to review the appeal draft please?
Dear Manchester City Council,
I refer to the Notice to Owner dated 11/12/2024 in respect of a PCN allegedly served on my vehicle at 13:12 hours on 05/11/2024, alleging a contravention of 'Parked in a restricted street during prescribed hours'.
Firstly, I would like to inform you that the Notice to Owner is the first I have heard of the alleged contravention because I did not receive a PCN. There was no documentation attached to my vehicle at any time [as can also be seen in the photos taken by the authority], and I also did not receive a PCN via post.
Secondly, I would like to appeal the Notice to Owner as the contravention did not occur. The reason for this is, at the time of the alleged contravention:
1] I was displaying my Blue Badge [picture attached] and Clock in the prescribed position as required, from 11:30 to 13:30 on the day of the alleged contravention. As per my daily routine, I did not park again at that place until the morning of the following day.
2] As I did not find a PCN on my car when I returned, I had no reason to photograph the position of my Blue Badge, and therefore have no objective evidence on this point.
3] The photographs provided by the authority, do not have any evidence that my Blue Badge was not displayed, or that a PCN was served.
4] I have held a Blue Badge for many years and I am therefore well acquainted with the rules surrounding the use and display of it. I also park at this location daily, and coincidentally the Google Street View link provided at the end of this message shows my car parked at the location of the alleged contravention. Even in the Google Street View images of my car, my Blue Badge and Clock are clearly visible which shows that I do display my Badge and Clock.
In light of all of the above raised points, I request you to cancel the PCN and subsequent Notice to Owner.
Kind Regards
Google Street View Link:
https://www.instantstreetview.com/@53.454472,-2.197896,277.34h,-15.53p,1.78z,V9TxSQP9UC1k3_Qib0XWTA