Author Topic: PCN BCP Council  (Read 880 times)

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PCN BCP Council
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The driver received a PCN, For overstating for 3 minutes in a restricted street where waiting and loading/unloading restrictions are in force. Do you think it's worth appealing or just pay it and gain peace of mind? 


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« Last Edit: April 29, 2024, 12:59:15 am by freesoul »

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Re: PCN BCP Council
« Reply #1 on: »
We need to see both sides of the PCN and all of the council photos

Re: PCN BCP Council
« Reply #2 on: »
There isn’t any photo and this is the other side of the PCN

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Re: PCN BCP Council
« Reply #3 on: »
Reinstate the obscured details on the PCN and we'll get the pics.

Why would you obscure them anyway?

Re: PCN BCP Council
« Reply #4 on: »
Do I have to show the car details? I only covered the car details.

Re: PCN BCP Council
« Reply #5 on: »
That would depend on whether you want anybody to be able to view the council photos and potentially find a way forward.

Re: PCN BCP Council
« Reply #6 on: »
There isn’t any photo, only PCN. And the PCN is uploaded here.

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Re: PCN BCP Council
« Reply #7 on: »
Your car reg is on show every day so whats the issue, We know there are photos but on the council website without them we cannot hope to help

Re: PCN BCP Council
« Reply #8 on: »
Ok, sorry I didn’t know that. Here you go!

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Re: PCN BCP Council
« Reply #9 on: »
That's an odd place in some ways to park. Also it wasn't exactly parked particularly well (a fair way from the curb) so possibly you were running some sort of errand. If so what was it. There is a chance it was an exempt activity.

Obviously you were actually there more than 3 minutes. That's just the time the CEO happened to observe.

It looks like you were approximately here

10 Avenue Ln
https://maps.app.goo.gl/5JdRvUk8jfNw4NLx5


Re: PCN BCP Council
« Reply #10 on: »
The driver left some stuff in the gym and went to collect them,

Re: PCN BCP Council
« Reply #11 on: »
Personally, I don't see any exempt activity there (it may have qualified for loading if they were bulky but there is a 24hr loading restriction marked by the kerb blips).

Don't be in a huge rush to pay the discount, somebody may perhaps spot an issue with the notice.


Re: PCN BCP Council
« Reply #12 on: »

The BCP Trafweb confirms that where the vehicle was parked is subject to 24/7 no waiting and no loading restrictions. But whether this reflects accurately the
provisions in an order?

Probably, but it can be checked.

As regards the PCN's wording, the only variance I can find is its use of 'date served' instead of 'date of contravention'.

But this is a 'Must State' item - therefore exact wording is not mandatory - instead the PCN as a whole must convey the correct meaning and this one states:

Date of contravention - 26 April;
Date served - 26 April.

So, would any adjudicator find that using the term 'contravention' instead of 'date served' was a serious enough difference to constitute a procedural impropriety when immediately above it can be seen that these dates are identical? IMO unlikely, but no doubt stranger things have happened at adjudication.

Re: PCN BCP Council
« Reply #13 on: »
Council photos:











@freesoul part of me is tempted to say this should be taken to the tribunal just to see how much they mess up the evidence pack, these small provincial councils do tend to make an awful lot of mistakes.

But at this stage this is a case that really calls for the strategy of last resort, you'd have to come up with some suitable mitigation.
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 BCP Council
« Reply #14 on: »
This is strange, because I remember I looked at time when I was driving back home it was 13:18. It’s either they left only a second before I come to my car or there was a mistake in their timing.

Now would you recommend me to pay it or take it to the court, if it’s the latter option what will be the worst scenario?