Author Topic: Penalty Charge Notice (Local Council)  (Read 1203 times)

0 Members and 576 Guests are viewing this topic.

Re: Penalty Charge Notice (Local Council)
« Reply #15 on: »
Please advice on the next steps with this as 14 days is up this week. Thanks.

Re: Penalty Charge Notice (Local Council)
« Reply #16 on: »
@cp8759 can you help with this?

Re: Penalty Charge Notice (Local Council)
« Reply #17 on: »
@Supremo sure, but first please confirm why you stopped and for how long.
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 or 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 and I abide by the SPMF service standards.

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

Re: Penalty Charge Notice (Local Council)
« Reply #18 on: »
I stopped to go into the shop outside where I was parked. I was there for around 5-10 minutes

Re: Penalty Charge Notice (Local Council)
« Reply #19 on: »
I'd stick to the core argument then and let's see what comes back:

Dear Manchester City Council,

I challenge liability for PCN MC26321469 on the basis of a procedural impropriety. This is because when I drove off, the CEO had not yet started to prepare the PCN, so the power to serve a postal PCN did not arise and service of the postal PCN is therefore a procedural impropriety.

Yours faithfully,
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 or 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 and I abide by the SPMF service standards.

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

Re: Penalty Charge Notice (Local Council)
« Reply #20 on: »
In short:
According to you, the sign and markings you were in contravention, but whether there is a lawful restriction to contravene only the traffic order would reveal.

Likelihood that the order does not and that you are in the clear? Low.

Perhaps you were engaged in an exempt activity? I see no point in setting out what these are, all you should do is respond to the questions already posed regarding what you were doing and for how long you were parked.

Perhaps the CEO had not begun to prepare a PCN? This is a matter of fact. You don't know and no-one else knows other than the CEO and council. This is a technical area regarding the meaning of 'begun to prepare' as opposed to carrying out ancillary checks and thought processes to establish a belief in the CEO's mind that a contravention had occurred.

Likelihood that they hadn't? IMO, low. The 'loading' info is at best inconclusive. Why a challenge would simply assert as opposed to revealing the basis of your thinking, I don't know e.g. I note from the PCN log that ** occurred at ** whereas the PCN was not 'loaded' until *** which leads you to believe that the CEO had not ......

We're looking at probabilities, not possibilities. I wouldn't want your hopes to be raised to a false level on the back of possibilities.

« Last Edit: September 27, 2023, 11:19:41 am by H C Andersen »

Re: Penalty Charge Notice (Local Council)
« Reply #21 on: »
Thanks for all your replies. I paid the PCN ticket yesterday at the reduced rate as the final day to pay at a 50% reduction was yesterday. Can I still appeal on the basis of the responses that have been left and also bearing in mind that I have now paid the ticket?
« Last Edit: September 27, 2023, 03:03:51 pm by Supremo »

Re: Penalty Charge Notice (Local Council)
« Reply #22 on: »
Paying closes off appealing

Re: Penalty Charge Notice (Local Council)
« Reply #23 on: »
Thanks for all your replies. I paid the PCN ticket yesterday at the reduced rate as the final day to pay at a 50% reduction was yesterday. Can I still appeal on the basis of the responses that have been left and also bearing in mind that I have now paid the ticket?
Nope, sorry. You would have probably won based on the draft I provided, instead you've throw your money away for nothing.
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 or 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 and I abide by the SPMF service standards.

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