3. PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #15 on: »
Not paying when I'm not in the wrong.

?? Not for the cited contravention perhaps, but parking on the footway .....!

Anyway, putting this to one side:

The prohibition is statutory(see link below to the Traffic Management Act)hence why signs are not required: holders of driving licences are expected to know.

85Prohibition of double parking etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

Traffic Management Act 2004
An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for...
legislation.gov.uk


Are you the keeper and are your DVLA details current?
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #16 on: »
Quote from: H C Andersen on December 12, 2024, 12:06:17 pm
Not paying when I'm not in the wrong.

?? Not for the cited contravention perhaps, but parking on the footway .....!

Anyway, putting this to one side:

The prohibition is statutory(see link below to the Traffic Management Act)hence why signs are not required: holders of driving licences are expected to know.

85Prohibition of double parking etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

https://www.legislation.gov.uk/ukpga/2004/18/section/85

Are you the keeper and are your DVLA details current?

Oh. So I was in the wrong?
I still don't get it so I would appreciate it if you could give me another example or something. Of course you don't have to waste your time.

Yes, I am the keeper and my details are current :)
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #17 on: »
Other than where specifically permitted, cars should park on the carriageway or other off-street area. You were parked obstructing the footway to the detriment of pedestrians.

Had the carriageway been marked with yellow line waiting restrictions then you could have been penalised for waiting because these restrictions apply to the footway. In London parking on the footway has been prohibited since 1974.

But you weren't in London and there weren't yellow lines.

The contravention given in your PCN did not occur for the reasons I gave. But this doesn't make the parking acceptable, just not capable of being penalised by a council.

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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #18 on: »
Quote from: H C Andersen on December 12, 2024, 11:01:26 pm
Other than where specifically permitted, cars should park on the carriageway or other off-street area. You were parked obstructing the footway to the detriment of pedestrians.

Had the carriageway been marked with yellow line waiting restrictions then you could have been penalised for waiting because these restrictions apply to the footway. In London parking on the footway has been prohibited since 1974.

But you weren't in London and there weren't yellow lines.

The contravention given in your PCN did not occur for the reasons I gave. But this doesn't make the parking acceptable, just not capable of being penalised by a council.

Ahhh ok, thanks for the insight.

I just assumed it was ok to park there as I see cars parked there daily and I've never seen someone with a ticket there.
It's next to my university so I walk past that place quite often.
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #19 on: »
Quote from: Incandescent on December 11, 2024, 11:31:43 pm
Quote
😬😬
So do I just wait for a letter to be posted to me now then?

Yes, as it says in "choices" on their letter rejecting your reps, or you can cough-up the £35. The Notice to Owner allows you to submit an formal representation against the PCN. These are normally looked at more carefully than informal challenges, where they reject almost 100% on the basis that most people then just cough-up.  Yes, they game the system ruthlessly to make sure the money keeps rolling in.

Good evening,

I've just received my NTO. What is the next step I should carry out?

p.s. if you require all pages of the NTO to be uploaded, please let me know.
« Last Edit: January 11, 2025, 09:07:28 pm by surkhab »
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #20 on: »
You now submit your representations again, but please post up your draft here so we can review it and maybe add in a few suggested things. When/If they reject these reps, you can register an appeal at the Traffic Penalty Tribunal, which costs nothing extra.
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #21 on: »
Sorry for the late reply. Been busy with University exams.

As for the draft, can I use this one made by yourself ('Incandescent'):

"Dear Sirs

PCN <number> dated <dd/mm/yyyy> served at Kincardine Road

I deny responsibility for the penalty charge demanded on the above PCN on the grounds that the contravention did not occur.  The contravention stated on the PCN is only valid when the vehicle allegedly in contravention is actually parked on the carriageway.  As your own photographs show, my vehicle was not parked on the carriageway.

The PCN is therefore invalid and I request its immediate cancellation

Yours faithfully"

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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #22 on: »
Go ahead !
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #23 on: »
Quote from: Incandescent on January 14, 2025, 01:27:04 am
You now submit your representations again, but please post up your draft here so we can review it and maybe add in a few suggested things. When/If they reject these reps, you can register an appeal at the Traffic Penalty Tribunal, which costs nothing extra.

Hi,
They have rejected it and made the following claim.
Shall I still make an appeal to Traffic Penalty Tribunal or is this a valid rejection?
And can someone please explain what happens if this appeal is also rejected/fails?

They state the double yellow lines but if you look at the images (at the start of this thread), I am not even parked on them? (Albeit, I should've parked more inwards). I'm not sure.
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #24 on: »
Hello everyone,
I am happy to let you know that they have accepted the appeal and I will not be charged  ;D
Thank you all for the help.
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Re: PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council
« Reply #25 on: »
So after your last post on 26th January, you appealed to the Traffic Penalty Tribunal and won your case, so well done !
As they didn't re-offer the discount in their NoR, it was then a total no-brainer to appeal to the TPT.
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  3. PCN-Code 26- Parked 50cm away from edge of carriageway-Manchester City Council