3. PCN Code 27 'Parked adjacent to a dropped footway' MCC
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DancingDad

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #15 on: October 25, 2023, 10:30:59 am »
Don't miss deadlines while trying to get extra information.
Send something within the 14 days and they will re-offer discount if they reject.
By the time that happens, you should have the added info to help make a decision
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Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #16 on: October 25, 2023, 01:31:25 pm »
Thank you Dancing Dad.  I'm hoping to get a response to them today.  I'm a bit of a worry wart so don't like things lingering.  As you say, it'll give me time to get some additional information back too.

Thanks again everyone.  What a great bunch you really are :)
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cp8759

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #17 on: October 29, 2023, 12:25:56 am »
Quote from: H C Andersen on October 24, 2023, 08:20:39 am
OP, you're only at the PCN stage and therefore the 'failure to consider' 'ambush'(my take, not a legal term) won't apply IMO.

If you include a link which you can later prove wasn't opened then at this point you would be at the NTO stage. And then what?
Formal reps saying "please consider my informal reps as my formal reps", which with a bit of luck will result in the same outcome.

Councils tell motorists to go onto onto a website to view evidence all the time, if that is acceptable it must work both ways. It's not really an ambush because to avoid any problems, the council just needs to do what it should be doing anyway i.e. consider the representations and any supporting evidence.

If for argument's sake you send a DVD in the post or a sealed envelope with some photos and you had a telescopic camera that could see into the council offices, and you filmed the council officer opening the post and throwing said evidence in the bin without looking at it at all, would that be considered an "ambush"? Because what we're talking about here is the digital equivalent of doing exactly that.
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #18 on: November 16, 2023, 09:30:53 am »
Good morning!

I've now received my response (pdf attached FYI). Basically it's a 'pay up'.

I also, as suggested by you great folk on here, reported to the Waste and Highways about the mound of dirt on Coleshill Street.  To this day, the mound is still there, and people are still parking as I was on that day.

Receipt re:Waste
The location of the problem on the map 386407
What type of land needs cleaning up? a road or pavement
Page: The problem
What needs cleaning up? If there's more than one type, choose the most obvious. litter, dirt or dust
Give more information to help us find the problem. There are big mounds of soil completing blocking access to the road. As it's a public highway, I believe the Council has a duty to keep it open unless there's a reason why this street has been stopped up?

Receipt re:Highway
Location of the problem 386405,399487
Give any more information that will help us locate the problem. For example, house number, road name, landmarks. At the entrance to Coleshill Street, off the A6010, it is totally obstructed by mounds of spoil. These mounds are right near a dropped kerb and a set of traffic lights.
Page: What is the problem?
What is causing the obstruction? other: please say what below
Tell us anything else that may help us sort out the problem. Mounds of spoil totally blocking the entrance to Coleshill Street which is restricting access.
The spoil needs removing to allow pedestrians access, either on foot or with wheelchair/pram etc.
Has Coleshill Street been stopped-up for any particular reason?


As I wish to appeal, can you suggest what mitigation I can provide in my Reps to help with this?

Thanks again guys.
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Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #19 on: November 17, 2023, 01:31:01 pm »
Afternoon :)

Can anyone help with my enquiry below please?  As well, does anyone know if and how I can apply for a FOI for the number of PCNs given at this each spot over a period of time?

Thanks guys.

Deb
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cp8759

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #20 on: November 19, 2023, 02:37:46 pm »
Show us a copy of exactly what you sent please.
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #21 on: November 20, 2023, 08:28:19 am »
Exact copy of email sent

Good morning

I hope you're having a good week.

As you can see from the above, I received a PCN on 21 October, where I'd parked my car to attend a football match at the Etihad Stadium.

Before losing my father in 2020, when we parked at the Stadium with his Blue Badge as he was disabled, I have sought to park as close to the Stadium as possible (as I too suffer from arthritis and breathlessness due to blood clots in my lungs).  I always try to get a parking space at the stadium but they're always sold out.  I have noticed over the past 3 years that at least 4/5 cars have parked where I parked on this day, without penalty.  As I arrived very early on this day to the game and there was space, I legitimately expected to park here, as parking has always been tolerated here during match days and PCNs not enforced.

I'm writing to ask if you'll kindly cancel the above parking charge, and afford me the allowance of now being made aware that parking here isn't tolerated and I can observe this in future.

I hope your response will be favourable.

Yours faithfully
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cp8759

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #22 on: November 21, 2023, 12:13:02 am »
In the circumstances I'd suggest waiting for the notice to owner, and we can help put a more weighty representation together. At the very least we should be able to get a failure to consider.
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #23 on: November 21, 2023, 10:45:59 am »
Thank you cp8759.

What's a 'Notice to Owner'please? I'm conscious that I've only got until Monday 27 November to pay the reduced fine, and can ill afford the full penalty fee.

Sorry to be a nuisance.  One of the other options I'd thought of, was requesting a FOI request to establish how many parking tickets had been issued at that spot since I had been? Although this would be at a cost to me, and the time to get the information would probably be months.

Thanks again for all your help with this.  It's been a godsend to me.

Deb
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cp8759

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #24 on: November 22, 2023, 11:01:13 pm »
Quote from: Deb2000 on November 21, 2023, 10:45:59 am
Thank you cp8759.

What's a 'Notice to Owner'please?
Read up on this please: https://www.trafficpenaltytribunal.gov.uk/appeals-process-parking-england/

Forget about the discount, the council will almost certainly reoffer it at the next stage as long as you challenge the notice to owner. The deadline they've given you is just intended to scare you into paying without making such a fuss.

You can submit an FOI if you want but frankly I think it's irrelevant and won't make any difference.

Your best bet is probably the strategy explained here, which worked very well in Simandeep Johal v London Borough of Lewisham (2230428653, 04 November 2023)
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #25 on: November 30, 2023, 02:44:57 pm »
Good afternoon cp8759.

I've received my Notice to Owner today (copy attached).  I've read the links you very kindly sent me last time.  The example of the disabled gentleman driving over the bridge in Merseyside was brilliant.

You've mentioned to me in previous communications about approaching strategy being failure to consider evidence and incorporating a count/counter view?  I have to be honest, I've no idea how to do that at all.  And also if there are any examples I may refer to to put together my challenge?

And lastly, from the Tribunal info, would the appeal be for 'a procedural impropriety by the authority' or a 'compelling reason', should my case get to that stage?

Thanks cp8759.
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Deb2000

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Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
« Reply #26 on: Today at 09:18:37 am »
Good morning

Sorry, can anyone help with my representations please?  I.e. how do I facilitate the counter view to check whether or not they have reconsidered my evidence, and specific wording which will strengthen my challenge.

Thanks so much.

Deb

Ps I may add, they are now routinely sticking parking tickets on all cars parking in this spot.  I'm not sure whether this adds weight to the argument that people have seen others park here for years and clearly believe it's ok.  Until of course they are now receiving a parking ticket (people don't deliberately park in  a spot knowing they'll get a parking ticket surely?!)
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