3. PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
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PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
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Parked on a verge in a spot that is always used for cars, dog walkers use it regularly and park there.

PCN RD18101964
Reg DA11YGE

PCN details:
https://imgur.com/a/pcn-rd18101964-frDSg0s

Googlemaps:
https://www.google.co.uk/maps/@50.7773673,-1.9456934,3a,75y,212.63h,78.85t/data=!3m7!1e1!3m5!1snnvtGS4zu-ZIAPjiwIKWBA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D11.145404455923355%26panoid%3DnnvtGS4zu-ZIAPjiwIKWBA%26yaw%3D212.62891220226038!7i16384!8i8192!5m1!1e4?entry=ttu&g_ep=EgoyMDI0MTExOS4yIKXMDSoASAFQAw%3D%3D

The pavement here is shared as a cyclelane. Where the carriageway extends to the boundary of the field, i was parked 2 wheels on that and two on the pavement/cylelane. This spot is always in use by dog walkers as google images show. I understand Code 0 applies to DYL and that extends to the edge of the carraigeway, is there any leeway here?

Second question is about the Nto, how can i tell if i can ignore it?

Thanks in advance for any pointers
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #1 on: »
Quote
Second question is about the Nto, how can i tell if i can ignore it?


Rarely, if ever,. can you ignore a PCN, let alone an NtO!!!

Can you post the Council photos, please.
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #2 on: »
Can you educate me - how do i find out the councils photos for the PCN? thanks
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #3 on: »
Quote from: geee on November 22, 2024, 09:36:27 pm
Can you educate me - how do i find out the councils photos for the PCN? thanks
They will be an option on their webpage for paying the PCN as shown on the PCN you have. I had a quick look, and their photos can be seen if you go to their "Pay a PCN" page. There is a button for "Evidence". You van was in contravention because it was parked adjacent to the double-yellow lines on the carriageway. These apply to the road and include verges and footways up to the property line. Your GSV link shows a blue SUV that is also in contravention and would have got a ticket if it was there when the CEO happened along.

If you want to submit representations, then find out if enforcement has only recently started, because if you can show a long period, (needs to be at least 12 months I'd say) of no enforcement, you could make a "legitimate expectation" argument based on non-enforcement over a lengthy period. How regularly have you parked there and over how long a period without getting a PCN ?

Quote
Second question is about the Nto, how can i tell if i can ignore it?
Why do you ask ? Is the vehicle not yours ? People who ignore statutory enforcement documents tend to end up with bailiffs at their door.
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #4 on: »
Here are the links to the evidence which shows how i was parked:

https://parking.bcpcouncil.gov.uk/viewimage.aspx?0022232Sj0MrcYeqNRX/9be3pRKsoPTAdhT4f0QptfbQw55UFTohTdYDlv3Vl63fElz0rLJ+e4f5JQuKHqlg3JSjbnVw==

https://parking.bcpcouncil.gov.uk/viewimage.aspx?0022237h7Qd2u7kYmZBzEb78Lh8aaGME9ePp5LFLVQAXiD1MHsCcmGs3veTEN8eFy58m7rdJnL2TkkbETXwqcZVIjG+A==

https://parking.bcpcouncil.gov.uk/viewimage.aspx?0022232Sj0MrcYeqNRX/9be3pRKsoPTAdhT4f0QptfbQw55UFTohTdYDlv3Vl63fElz0rLJ+e4f5JQuKHqlg3JSjbnVw==

I have parked there over the years and when i returned two other cars were also parked. It has always been in use but i dont know when enforecement started, maybe i was lucky before and unlucky now but no other cars parked that day were ticketed. Its out of the way so maybe someone called and reported it.


Anyway, Can you advise how i find out how to make representations on that basis and do you think its worth it? thanks
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #5 on: »
Bumped - any help much appreciated on making representations, thanks
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #6 on: »
Yellow lines control the entire width of the road including verges so the PCN seems to be correct.

There may be a fault on the PCN that someone may spot but I can't see anything.






« Last Edit: November 27, 2024, 11:54:01 am by stamfordman »
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #7 on: »
Thanks Incandescent, maybe i dont have a leg to stand on but if the enforecement is targetted, its just started and the status quo is that eveyone parks there. Do i have a case or not worth it?
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #8 on: »
Quote from: geee on November 27, 2024, 01:27:56 pm
Thanks Incandescent, maybe i dont have a leg to stand on but if the enforecement is targetted, its just started and the status quo is that eveyone parks there. Do i have a case or not worth it?
If you submit representations on the basis of "legitimate expectation", you'll be expected to back this up with a bit of collateral. If it gets to adjudications the ball will be in the councils court to refute your claim.
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #9 on: »
Please post up all sides of the NtO, only redacting yr name & address - leave everything else in.

Quote
Parked on a verge in a spot that is always used for cars, dog walkers use it regularly and park there.

Sadly, GSV's historic street-views do not support an history of non-enforcement. In 11 images dating back t0 2009, there is not one with a vehicle parked past the blue pedestrians & cyclists only sign.


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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #10 on: »
@Incandescent, If you submit representations on the basis of "legitimate expectation", you'll be expected to back this up with a bit of collateral. If it gets to adjudications the ball will be in the councils court to refute your claim.

I don't think so, the onus would be on the owner to prove their entitlement to this defence. All the council has to do is provide evidence of the contravention.
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #11 on: »


Quote
Parked on a verge in a spot that is always used for cars, dog walkers use it regularly and park there.

Sadly, GSV's historic street-views do not support an history of non-enforcement. In 11 images dating back t0 2009, there is not one with a vehicle parked past the blue pedestrians & cyclists only sign.



[/quote]

The GSV does show at least 5 other occasions with cars parked in that area though... surely that supports non enforcement?
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #12 on: »
As a fact, since the road layout was changed to its current form at this location there is only one GSV view showing cars parked, and one of these is clearly displaying a Blue Badge anyway(which, OP, is an exemption), the other view is unclear.

OP, I suggest you forget this as a substantive defence(it's a stiff test requiring proof, not supposition as in 'surely this proves non-enforcement?'). IMO, the only purpose in raising it is to get into procedural territory to see how they respond.
« Last Edit: November 27, 2024, 05:33:47 pm by H C Andersen »
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #13 on: »
Gotcha and thanks, i wanted to be clear if any avenue had legs and this gives me direction. Although that does mean coughing up, thanks for your help
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Re: PCN Code O (Parked in a restricted street) DYL, Magna Rd, A341
« Reply #14 on: »
The PCN date is 16 November so there can't be an NTO.

The discount offer will expire soon.
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