Author Topic: Rushcliffe Borough Council - PCN - Bridgford Road Car Park, West Bridgford, Nottingham  (Read 74 times)

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Albiequerque39

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Hi,

Looking for advice please on how to proceed and whether I have a case to further appeal.

Paid for parking on Saturday 16th March in Bridgford Road Car Park, West Bridgford, Nottingham.
I left the car but as I did my ticket must have blown over but still remained on my dashboard.

Recieved a PCN which I challenged via the Council's formal process online also on Saturday 16th March.
In my challenge, I admitted that my ticket had blown over in the wind and I wasn't aware of this when I left my vehicle.
I sent a picture of my paid parking ticket which clearly showed I had paid for parking during the time I got the PCN.

Had a Notice of Rejection of Informal Challenge dated 4th April.

Following this, I contacted Rushcliffe Borough Council to ask for their Traffic Order (though I did not say what it was in relation to).
They sent me this link which houses several documents: https://tro.trafficpenaltytribunal.gov.uk/rushcliffe/

Images of all documentation so far provided below.

Do I have a leg to stand on or should I pay the £25 fine before the 22nd April?

Many thanks in advance to anyone who can offer guidance  :)


Paid parking ticket - https://ibb.co/fdPGNmQ

PCN - https://ibb.co/3hStBfx

Notice of Rejection of Informal Challenge page 1 - https://ibb.co/GThL400

Notice of Rejection of Informal Challenge page 2 - https://ibb.co/4gJCRpH

Notice of Rejection of Informal Challenge page 3 - https://ibb.co/zHpw7Nc

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Incandescent

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Ever since the original 1991 Act came in, motorists have been plagued by PCNs issued for non-display, usually called "fluttering tickets", and they have proved to be very hard to get overturned, mainly due to the venality and rapacity of councils that despite have received the parking fee, still insist on the PCN being paid.

I've looked at off-street order for 2020, RQ008 - RQ010 and it has a clause in it that the parking ticket must be displayed at all times during the period the car is in the car park. There is a huge display of maps of the car parks, but I'm not sure which one you were in. However I think they will have it covered but you'll have to trawl through it to see if your car park is included.

There is Statutory Guidance on parking under the Traffic Management Act, (your PCN). YOu might care to look at the section on "Considering challenges, representations and appeals"
https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#considering-challenges-representations-and-appeals
However, I don't think this would help you unless you can find out if Nottingham CC have a policy document on dealing with PCN challenges.

So, is a win likely if you stand your ground and take them all the way to adjudication ? My opinion is that it is not likely, but see what the others say. You're currently in for £25, and going all the way will cost you another £25 or nil if you win.
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cp8759

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@Albiequerque39 these provincial councils almost inevitably fail to produce a true copy of the PCN at the tribunal, which is a virtually guaranteed win. However rather than give us a few days to look at this properly, you've thrown your money away for nothing (no you cannot get it back). You know for next time not to rush and pay.
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