3. Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
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Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
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Hi: was advised to check here for help appealing a PCN received a few days ago. The driver has been issued a PCN by Salford Council whilst parked on a residential street. The PCN is for code 27: "Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway".

Attached is the PCN and SV images. I've had some advice from a couple of people on Pepipoo already who seem hopeful that an appeal might be successful (linked below also): but would be really grateful on any assistance in what to write to ensure this has the best chance of being cancelled.

PCN

Pepipoo Thread

Streetview

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« Last Edit: July 19, 2023, 05:37:32 pm by Fortissimo »
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Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
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Draft reps:

Dear Salford City Council,

I challenge liability for PCN SL53643437 because the alleged contravention did not occur. The CEO's photos clearly show that my car was not at a location where the kerb has been lowered to meet the level of the carriageway, indeed the kerb is not lowered at all.

While the carriageway might have been raised to meet the level of the kerb, that is not the allegation. It follows that the contravention alleged has not occurred, and the PCN must be cancelled.

Yours faithfully,
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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: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
« Reply #2 on: »
Many thanks for the above: I've sent the appeal and will update when I hear back!  :)
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Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
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Pleased to say that the council have cancelled the PCN- very grateful for your assistance! Thought I'd post the response here for reference: still not really addressed the point regarding the footway/kerb not being lowered in that area, but a good outcome all the same.

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Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
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Total tosh in the first paragraph in not acknowledging the basis of your representations in any way at all, but what the hell, it's a win, well done !
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Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
« Reply #5 on: »
I'd be minded to make a formal complaint. If you get another PCN, the council might say you've had a discretionary cancellation before, so you can't have another one. I can draft something for you if you'd like to pursue this.

From a regulatory point of view, this can be framed as a right to rectification request under the UK GDPR.
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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: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
« Reply #6 on: »
Quote from: cp8759 on July 29, 2023, 03:07:04 pm
I'd be minded to make a formal complaint. If you get another PCN, the council might say you've had a discretionary cancellation before, so you can't have another one. I can draft something for you if you'd like to pursue this.

From a regulatory point of view, this can be framed as a right to rectification request under the UK GDPR.

Sure enough- almost a year to the date- another PCN issued to the same vehicle in the same location with the same code! Will be responding with the same representation as before.
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