Author Topic: PCN - Parking in Loading Bay - Hereford Council  (Read 741 times)

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FaintPanda

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #30 on: April 15, 2024, 03:31:17 pm »
Well... Hereford Council rejected my representation... They seemed more interested as to why I didn't explain why my car was parked there...

What are the next steps for me to do now?










Incandescent

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #31 on: April 15, 2024, 06:39:40 pm »
OK so off to adjudication you now go.  Clearly their knowledge of the regulations is deficient, or non-existent. If the regulation says something must be in the PCN then there is no escape from that if it isn't

FaintPanda

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #32 on: April 18, 2024, 09:47:32 am »
Is there any templates I can use to write my appeal? Are the points the same as what I raised during my formal representation?

FaintPanda

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #33 on: April 21, 2024, 05:39:54 pm »
Hello,

What is the best way for me to appeal this at the tribunal?

Should I send off a revised version of my formal representation along with additional points of how the rejection letter didn't address why Hereford Council weren't abiding to the rules outlined in the Traffic Management Act of 2004?

Incandescent

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #34 on: April 21, 2024, 09:07:14 pm »
Best to put it in, as it is likely you might have to take them to the Traffic Penalty Tribunal. There is another much more shocking thread on this forum relating to Hereford CC and it is quite plain now, that the administrators are totally ignorant of the law they purport to enforce.

FaintPanda

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #35 on: April 22, 2024, 09:41:44 am »
Best to put it in, as it is likely you might have to take them to the Traffic Penalty Tribunal. There is another much more shocking thread on this forum relating to Hereford CC and it is quite plain now, that the administrators are totally ignorant of the law they purport to enforce.

Apologies, I don't follow you. I believe I am at the Traffic Penalty Tribunal stage as they rejected my formal representation. I don't have a huge amount of time left to send over my appeal to the Tribunal.

I have been reading the other Hereford thread, honestly I am not surprised. I am eager to squash this PCN as the state of the roads here caused my wheel to buckle and of course they denied any liability, causing me to be out of pocket. Completely unrelated, but I wanted to vent about it ;D 

cp8759

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #36 on: April 24, 2024, 11:34:40 pm »
@FaintPanda would you like to be represented at the tribunal? I'll drop you a PM in case you would prefer that.
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 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.

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

Incandescent

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #37 on: April 25, 2024, 12:18:44 am »
Best to put it in, as it is likely you might have to take them to the Traffic Penalty Tribunal. There is another much more shocking thread on this forum relating to Hereford CC and it is quite plain now, that the administrators are totally ignorant of the law they purport to enforce.

Apologies, I don't follow you. I believe I am at the Traffic Penalty Tribunal stage as they rejected my formal representation. I don't have a huge amount of time left to send over my appeal to the Tribunal.

I have been reading the other Hereford thread, honestly I am not surprised. I am eager to squash this PCN as the state of the roads here caused my wheel to buckle and of course they denied any liability, causing me to be out of pocket. Completely unrelated, but I wanted to vent about it ;D
Buckled my wheel last week in Cheshire East, and have raised a claim. I think councils have basically decided it's cheaper to just bat claims away, than actually maintain the roads.

Hippocrates

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #38 on: April 25, 2024, 09:26:40 am »
@FaintPanda: I would take up cp8759's offer.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

FaintPanda

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #39 on: April 25, 2024, 11:24:32 am »
Thanks @cp8759

I was hoping to do this on my own back from research and advice, however this is the first council PCN I have had and appreciate having your expertise onboard.

Will gather all the information you need today.

FaintPanda

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Re: PCN - Parking in Loading Bay - Hereford Council
« Reply #40 on: April 25, 2024, 11:27:27 am »
Ah mate, I'm sorry it happened to you too!

How are the roads in your area? It isn't uncommon to see potholes deeper than 10cm, which are over 30cm in diameter here. That's on the main roads! The back roads may as well be dirt tracks at this point.