Author Topic: PCN - Loading Bay - Code 25 - Bradford  (Read 645 times)

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Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #15 on: July 13, 2024, 08:42:10 pm »
Thank you @Phantomcrusader.

Do these missing details give me any benefit in my appeal please? and how can I use them?


The NTO appears to be missing this ground of appeal.

(i)the enforcement notice should not have been served because—

(i)the penalty charge has already been paid in full, or

(ii)the penalty charge has been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of Schedule 3 to the 2022 General Regulations.

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #16 on: July 13, 2024, 08:45:06 pm »
Thank you @Incandescent.

I am willing to respond. I need guidance on how I do it, and what are things I need to put in my appeal to get it right please.

Also, wanted to check if the communication from here onwards from council will be through email or a portal or they will send letters again, if you know, please?

Many Thanks

You must respond to the Notice to Owner, because if you don't you lose all chance of appealing to the adjudicators.

The discount is normally only ever offered on the PCN, but many councils do re-offer it when refusing reps  against a Notice to Owner. Whether Bradford do you'll only find out when you submit representations. If you do, make sure you submit them within 14 days like a PCN.  Their refusal letter is tosh; there is no legal requirement for loading at the roadside to be continuous. Sone unloading requires several trips to and from the vehicle, which drivers usually lock to prevent theft.

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #17 on: July 13, 2024, 08:47:19 pm »
Hi @cp8759.

Please let me know how do I appeal this one and what to cover in it please.

Many Thanks again.


Hi @cp8759, I just received the NTO.

Please find it here:

https://www.dropbox.com/scl/fi/kq8r7s469nh3pyf0ilj85/20240712_121955.jpg?rlkey=smw6xo3fe051ywvlir7fwd0xo&st=wisfeldz&dl=0

and

https://www.dropbox.com/scl/fi/39zjpwdnrptbhfwnrx3hq/20240712_122542.jpg?rlkey=igi35man3cad8g61v36ftcd24&st=hwgwu7dy&dl=0

All documents are saved here - https://www.dropbox.com/scl/fo/kqgjotwqb5bemieec41l7/AHkkWYJ3_oaaWA1rndELoek?rlkey=6fkhc4v20d3am1441pn0fcws6&st=bhfenu70&dl=0


My queries now - why they have not offered 50% discount this time?

and, please advise what should I do from here now?

as always, grateful for all your help and guidance on this.


@Admiration I would suggest waiting for the notice to owner. As long as you challenge it within 14 days of the date of issue the discount should be reoffered anyway, so there is limited risk in carrying on.
https://www.dropbox.com/scl/fo/kqgjotwqb5bemieec41l7/AHkkWYJ3_oaaWA1rndELoek?rlkey=6fkhc4v20d3am1441pn0fcws6&st=bhfenu70&dl=0

Incandescent

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #18 on: July 14, 2024, 12:17:04 am »
Thank you @Incandescent.

I am willing to respond. I need guidance on how I do it, and what are things I need to put in my appeal to get it right please.

Also, wanted to check if the communication from here onwards from council will be through email or a portal or they will send letters again, if you know, please?

Many Thanks

You must respond to the Notice to Owner, because if you don't you lose all chance of appealing to the adjudicators.

The discount is normally only ever offered on the PCN, but many councils do re-offer it when refusing reps  against a Notice to Owner. Whether Bradford do you'll only find out when you submit representations. If you do, make sure you submit them within 14 days like a PCN.  Their refusal letter is tosh; there is no legal requirement for loading at the roadside to be continuous. Sone unloading requires several trips to and from the vehicle, which drivers usually lock to prevent theft.
Their portal is best, because you get a response on-line which you must keep carefully, (print it out as well).  Rejections to formal representations against a Notice to Owner must be in the form of a letter in the post.
If cp8759 is going to prepare some text for you, I'll stand aside at this point.

H C Andersen

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #19 on: July 14, 2024, 04:02:03 pm »
Why have the authority not used the mandated contravention grounds?

cp8759

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #20 on: July 14, 2024, 09:58:20 pm »
@Admiration the notice to owner must, by law, demand the full penalty. However if you make a representation before midnight on 24 July, then if a notice of rejection is issued the discount should be reoffered for a further 14 days.

I don't have anything to add to the previous draft but for the sake of completeness, do you have any mitigating circumstances worth raising, especially anything unconnected to the contravention itself?
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 nor 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.

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

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #21 on: July 14, 2024, 10:11:23 pm »
Thank you again @Incandescent.

cp8759 kindly helped me in the initial appeal (before NTO) and asked to wait for NTO.

Many Thanks for your kind response about online portal.

Kind Regards


Thank you @Incandescent.

I am willing to respond. I need guidance on how I do it, and what are things I need to put in my appeal to get it right please.

Also, wanted to check if the communication from here onwards from council will be through email or a portal or they will send letters again, if you know, please?

Many Thanks


You must respond to the Notice to Owner, because if you don't you lose all chance of appealing to the adjudicators.

The discount is normally only ever offered on the PCN, but many councils do re-offer it when refusing reps  against a Notice to Owner. Whether Bradford do you'll only find out when you submit representations. If you do, make sure you submit them within 14 days like a PCN.  Their refusal letter is tosh; there is no legal requirement for loading at the roadside to be continuous. Sone unloading requires several trips to and from the vehicle, which drivers usually lock to prevent theft.
Their portal is best, because you get a response on-line which you must keep carefully, (print it out as well).  Rejections to formal representations against a Notice to Owner must be in the form of a letter in the post.
If cp8759 is going to prepare some text for you, I'll stand aside at this point.

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #22 on: July 14, 2024, 10:42:38 pm »
Thank you @cp8759.

That day, I went to a visa office on that street to submit some important documents that were required by the visa office. I had an appointment which I wanted to make in time. Before I parked, a driving instructors’ car was parked there. I waited for him to leave, as he indicated that he was leaving, before I parked my car there, believing it was a normal parking space similar to the other marked areas. I ensured that I skipped the yellow marked area for disabled parking and loading bay (I thought they were the same).

This was my 2nd visit only on that street and on first visit, I parked, paid for ticket, displayed it and picked my car after my appointment was finished. This time I did exactly the same. I did not even give it a second thought, as I checked the markings and a car was parked already there, and similar looking signs.

The signage and road markings were not clear, and I reasonably believed I was parking in a permitted area due to the similarity in the markings. It was an honest mistake by interpreting the signs and markings incorrectly.

I purchased and displayed a valid parking ticket for the entire duration of the stay, which indicate my intention to comply with parking regulations. I observed another vehicle parked in the same spot and assumed it was a legal parking space, and this contributed to my belief that it was permissible to park there (same as on the other side of the road, where I parked two weeks ago.

The lack of a clear distinction between the loading bay and the pay-and-display parking area also contributed to my confusion. If the council can improve the clarity of the signage and markings, this will prevent future misunderstandings for all the drivers.

I don’t what else to say, as I believed at the time of parking, that I was being a responsible citizen, adhering to the rules of the council, and paid correct parking charges, and displayed my ticket, as I always do.

I hope they understand my genuinely honest mistake and cancel this PCN.

Kind Regards

 

@Admiration the notice to owner must, by law, demand the full penalty. However if you make a representation before midnight on 24 July, then if a notice of rejection is issued the discount should be reoffered for a further 14 days.

I don't have anything to add to the previous draft but for the sake of completeness, do you have any mitigating circumstances worth raising, especially anything unconnected to the contravention itself?

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #23 on: July 18, 2024, 07:13:36 pm »
Hi @cp8759.

Could you please let me know what should I appeal with, for this please? Do I need to use the same text as last time, or anything to add from what "H C Andersen" and "Phantomcrusader" have suggested, or something you want to add please?

Kind Regards



Thank you @cp8759.

That day, I went to a visa office on that street to submit some important documents that were required by the visa office. I had an appointment which I wanted to make in time. Before I parked, a driving instructors’ car was parked there. I waited for him to leave, as he indicated that he was leaving, before I parked my car there, believing it was a normal parking space similar to the other marked areas. I ensured that I skipped the yellow marked area for disabled parking and loading bay (I thought they were the same).

This was my 2nd visit only on that street and on first visit, I parked, paid for ticket, displayed it and picked my car after my appointment was finished. This time I did exactly the same. I did not even give it a second thought, as I checked the markings and a car was parked already there, and similar looking signs.

The signage and road markings were not clear, and I reasonably believed I was parking in a permitted area due to the similarity in the markings. It was an honest mistake by interpreting the signs and markings incorrectly.

I purchased and displayed a valid parking ticket for the entire duration of the stay, which indicate my intention to comply with parking regulations. I observed another vehicle parked in the same spot and assumed it was a legal parking space, and this contributed to my belief that it was permissible to park there (same as on the other side of the road, where I parked two weeks ago.

The lack of a clear distinction between the loading bay and the pay-and-display parking area also contributed to my confusion. If the council can improve the clarity of the signage and markings, this will prevent future misunderstandings for all the drivers.

I don’t what else to say, as I believed at the time of parking, that I was being a responsible citizen, adhering to the rules of the council, and paid correct parking charges, and displayed my ticket, as I always do.

I hope they understand my genuinely honest mistake and cancel this PCN.

Kind Regards

 

@Admiration the notice to owner must, by law, demand the full penalty. However if you make a representation before midnight on 24 July, then if a notice of rejection is issued the discount should be reoffered for a further 14 days.

I don't have anything to add to the previous draft but for the sake of completeness, do you have any mitigating circumstances worth raising, especially anything unconnected to the contravention itself?

cp8759

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #24 on: July 19, 2024, 01:06:55 am »
@Admiration I think the text you've put in reply 22 above is fine, if nobody suggests anything additional within the next couple of days I suggest you submit it.
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 nor 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.

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

H C Andersen

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #25 on: July 19, 2024, 08:55:05 am »
Why does the NTO not use the correct contravention description?

To elaborate:

The PCN and NTO both give the following:

'Parked in a loading place during restricted hours without loading'

The mandated form is:

'Parked in a loading place or bay during restricted hours without loading.'

The authority are obligated to use the mandated version(The 2022 Charges Regulations and Annex B to the Secretary of State's Statutory Guidance refer). The authority must state why they have unilaterally chosen to depart from these grounds which prima facie is a procedural impropriety.

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #26 on: July 22, 2024, 05:39:53 am »
Thanks @cp8759. Sorry, due to travel, I could not respond earlier.

@Admiration I think the text you've put in reply 22 above is fine, if nobody suggests anything additional within the next couple of days I suggest you submit it.

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #27 on: July 22, 2024, 08:41:18 am »
Thanks @H C Andersen

Sorry, due to travel, I could not respond earlier. I have used this in my response text in the post below. Please let me know if I need to update/amend it in any way necessary.

Kind Regards

Why does the NTO not use the correct contravention description?

To elaborate:

The PCN and NTO both give the following:

'Parked in a loading place during restricted hours without loading'

The mandated form is:

'Parked in a loading place or bay during restricted hours without loading.'

The authority are obligated to use the mandated version(The 2022 Charges Regulations and Annex B to the Secretary of State's Statutory Guidance refer). The authority must state why they have unilaterally chosen to depart from these grounds which prima facie is a procedural impropriety.

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #28 on: July 22, 2024, 08:45:14 am »
Parking Services
City of Bradford Metropolitan District Council

Subject: Appeal Against PCN No. [PCN Number] and Notice to Owner (NTO)

Dear Sir/Madam,
I am writing to formally contest the Penalty Charge Notice (PCN) number [PCN Number] issued to my vehicle, registration number [Vehicle Registration Number], on [Date of Incident] at [Location]. I also wish to address an issue with the Notice to Owner (NTO) that I received.

Contravention Description Discrepancy: Both the PCN and the NTO provide the contravention description as:

"Parked in a loading place during restricted hours without loading."

However, according to the 2022 Charges Regulations and Annex B to the Secretary of State's Statutory Guidance, the mandated contravention description is:

"Parked in a loading place or bay during restricted hours without loading."

The authority is obligated to use the exact wording as mandated. The unilateral decision to deviate from the prescribed description constitutes a procedural impropriety. As the issuing authority, you must adhere to the statutory requirements, and any deviation from this constitutes grounds for cancellation of the PCN.

In light of this discrepancy, I request that you provide an explanation for the departure from the mandated contravention description. Failing to do so and maintaining the issuance of the PCN under incorrect procedural grounds would be unjust.

Additional Mitigating Circumstances: In addition to the procedural impropriety mentioned above, I would like to reiterate the following mitigating circumstances that I have previously outlined:

1. Purpose of Visit: That day, I went to a visa office on that street to submit some important documents that were required by the visa office. I had an appointment which I wanted to make in time. Before I parked, a driving instructors’ car was parked there. I waited for him to leave, as he indicated that he was leaving, before I parked my car there, believing it was a normal parking space similar to the other marked areas. I ensured that I skipped the yellow marked area for disabled parking and loading bay (I thought they were the same). The necessity and urgency of this appointment required my presence, and I made every effort to comply with parking regulations by purchasing a valid ticket, and following the road markings.

2. Ambiguity in Signage and Road Markings: This was my 2nd visit only on that street and on first visit, I parked, paid for ticket, displayed it and picked my car after my appointment was finished. This time I did exactly the same. I did not even give it a second thought, as I checked the markings and a car was parked already there, and similar looking signs. The signage and road markings at the location were confusing and not distinctly clear. This led me to reasonably believe that the area was a permitted parking space.

3. Genuine Mistake: I made an honest mistake in interpreting the signs and markings. To comply with parking regulations, I purchased a valid parking ticket (receipt attached) and displayed it prominently in my car for the entire duration of my stay.

4. Observed Prior Parking Behaviour: Before parking, I noticed another vehicle parked in the same spot. This further reinforced my belief that it was a legal parking space, contributing to my belief that it was permissible to park there (same as on the other side of the road, where I parked two weeks ago). I waited for the vehicle to leave and then parked in good faith.

5. Lack of Clear Distinction: The lack of a clear distinction between the loading bay and the pay-and-display parking area significantly contributed to my confusion. I strongly urge the council to consider improving the clarity of the signage and road markings to prevent future misunderstandings for other motorists.

6. First-Time Offense: I believed at the time of parking, that I was being a responsible citizen, adhering to the rules of the council, and paid correct parking charges, and displayed my ticket, as I always do. This is my first parking offense, and I have always adhered to parking regulations in the past. I assure you that I have learned from this experience and will be more vigilant in the future.

Request for Cancellation: In light of the procedural impropriety and the additional mitigating circumstances, I kindly request the council to exercise discretion and consider cancelling the PCN. I have demonstrated my intention to comply with parking rules and have provided evidence of my genuine mistake.

Thank you for considering my appeal. I look forward to your favourable response.

Yours faithfully,

Admiration

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Re: PCN - Loading Bay - Code 25 - Bradford
« Reply #29 on: July 22, 2024, 08:54:20 am »
Respected members, I have shared my text in Post #28 which I am planning to use in the appeal.

@Phantomcrusader - I could not find more details on your response (Post #13) about "The NTO appears to be missing this ground of appeal." Could you please let me know what I need to use in my appeal for the 3 things you mentioned, please?

@H C Andersen - I hope I have used your inputs correctly, but please let me know I have not.

@cp8759 - I request you to please review and edit/approve as necessary please.

As always, thank you so much for your guidance and support in this.

Kind Regards
« Last Edit: July 22, 2024, 07:13:59 pm by Admiration »