3. Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
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Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
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Council: Sheffield City Council
PCN: Contravention 02 - Parked or loading / unloading in a restricted street where waiting and loading / unloading restrictions are in force
Location: Harwood Street, Highfield, Sheffield, S2 4SE (across from the garage - One Stop Motorist Centre)

Hi everyone! Unfortunately, I received a PCN last week (25/09) after I was rushing to pick up my old car from the garage before they closed. I understand I was in the wrong here and will probably just pay the fine like I normally do. My mate suggested this forum to see if I could get a second opinion. I'd be grateful for any kind of advice or help. Thanks!



I have used this garage many times before and normally park on the same side of the road where the garage is on Harwood Street (north side). This side of the road allows parking for permit holders or for those who pay at the machine. On this occasion, there were no more spots on this side of the road, so I decided that I would park on the other side across from the garage. I rushed to the garage and didn't read the parking sign hoping that my yearly Highfield parking permit would apply the same as on the other side of the road. After returning from dropping off my old car, I found the PCN and realised that even though my parking permit does apply, the sign included no parking/loading restrictions. At this time I was parked during the restricted 4:00 - 6:30 pm time  :'(  I found it pretty annoying that the council would put extra restrictions only on one side of the road and it doesn't really help that the sign was covered in branches. I have shared a Google folder with the CEO's images (evidence 1-8) and it includes some extra pictures I took. I hope this explains things. Please feel free to ask me anything. I should have until next Mon (09/10) to challenge this.


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« Last Edit: October 06, 2023, 12:48:49 am by Chewdog »
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #1 on: »
Please post the back of the PCN, as sometimes the "small print" contains fatal errors.
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #2 on: »
Quote from: Incandescent on October 06, 2023, 12:40:23 am
Please post the back of the PCN, as sometimes the "small print" contains fatal errors.

Updated the main post
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #3 on: »
Quote from: Chewdog on October 06, 2023, 12:50:19 am
Quote from: Incandescent on October 06, 2023, 12:40:23 am
Please post the back of the PCN, as sometimes the "small print" contains fatal errors.

Updated the main post
Unfortunately the back of the PCN looks OK.
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #4 on: »
Why couldn't you drive the car into the garage?

Did you just leave the keys with them and leave?

At what time did you originally stop the car there?

In the meantime I have requested the traffic orders.
« Last Edit: October 07, 2023, 11:27:52 am by cp8759 »
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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: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #5 on: »
Quote from: cp8759 on October 07, 2023, 11:21:55 am
Why couldn't you drive the car into the garage?

Did you just leave the keys with them and leave?

At what time did you originally stop the car there?

In the meantime I have requested the traffic orders.

Why couldn't you drive the car into the garage?

- The garage car park was already full and I didn't want to block them as they constantly shift cars around.


Did you just leave the keys with them and leave?

- No. I went in to pick up my old car (not the one that was issued a PCN) and then dropped it off at a friend's place before returning back to pick up my current car that I left behind.


At what time did you originally stop the car there?

- I believe it was around 4:45pm. I can try to see if I have my dashcam footage later.
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #6 on: »
In the circumstances you describe, I can't really see scope for anything apart from a plea for discretion. When did you last get a PCN from Sheffield council?
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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: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #7 on: »
Quote from: cp8759 on October 08, 2023, 07:47:48 pm
In the circumstances you describe, I can't really see scope for anything apart from a plea for discretion. When did you last get a PCN from Sheffield council?

This would be in 2019 on my old car. If I need confirmation of this I would need to contact the council as I can't find any receipts of this in my email.
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #8 on: »
That's long enough ago that we don't need to worry about it. As I said, you can put in a plea for discretion, basically just admitting fault and asking the council to show some leniency and let you off. Post a draft on here first.

Even if they reject they should reoffer the discount, and by the time you get a response I should have the traffic order.
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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: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #9 on: »
I already challenged the PCN last Sunday as Mon 09/10 was the last day of the 2 week period. I explained why I was there, that I understood I was in the wrong and it was a rare genuine mistake for me. I wrote that I have been a loyal Highfield permit holder for the past few years and that I have been supporting the local community as a delivery driver for a number of years now. I kindly asked if they could let the charge go as a gesture of goodwill. I'm still waiting to hear back from them.
« Last Edit: October 14, 2023, 05:34:53 pm by Chewdog »
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #10 on: »
Sheffield Council has so graciously offered me the discounted PCN charge for another 14 days starting from the 20th of Oct.


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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #11 on: »
The final paragraph of the letter, before the "Choices" section is a fettering of their discretion in considering your representations, because essentially it is saying that because the offence occurred we cannot cancel the PCN. This means they have "failed to consider", which is a procedural impropriety and therefore grounds to cancel the PCN. If you went to adjudication, this would be your main point of appeal.
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #12 on: »
If you want to carry on, there are only two possible strategies at the notice to owner stage:

1) Make a plea for discretion, or
2) Try and trip the council up into failing to consider your representations.

Strategy 1 involves appealing to the authority's discretionary power not to enforce, which is a power only the council has (the tribunal cannot allow an appeal on this basis).

Strategy 2 involves giving the council a link to a video or image you want them to consider, and setting it up view a click / view counter so we can prove whether they're looked at your supporting evidence. If they fail to look at it, you can then win on a failure to consider.

The best approach might be to combine both approaches (provide evidence of mitigation by means of a link), but first we need to know if you have any meaningful mitigation to put forwards.

As long as the notice to owner is challenged within 14 days, Sheffield will usually reoffer the discount, especially if you ask them to.
« Last Edit: October 22, 2023, 07:48:02 pm by cp8759 »
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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: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #13 on: »
Quote from: cp8759 on October 22, 2023, 05:55:12 pm
If you want to carry on, there are only two possible strategies at the notice to owner stage:

1) Make a plea for discretion, or
2) Try and trip the council up into failing to consider your representations.

Strategy 1 involves appealing to the authority's discretionary power not to enforce, which is a power only the council has (the tribunal cannot allow an appeal on this basis).

Strategy 2 involves giving the council a link to a video or image you want them to consider, and setting it up view a click / view counter so we can prove whether they're looked at your supporting evidence. If they fail to look at it, you can then win on a failure to consider.

The best approach might be to combine both approaches (provide evidence of mitigation by means of a link), but first we need to know if you have any meaningful mitigation to put forwards.

As long as the notice to owner is challenged within 14 days, Leeds will usually reoffer the discount, especially if you ask them to.
Er, it's Sheffield
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Re: Sheffield City Council - Code 02 - Parked or loading/unloading in a restricted street
« Reply #14 on: »
Latest update from the council on tracking down the order:

We’ve been unable to track down the original order in the Council’s deeds safes.

What we can establish is that the order was sealed on the date indicated in the PDF version which we supplied you on 10 July 2024, that being 23rd December 2008.

We have attached a scan of the Council’s sealing record for that day which shows the order as the second entry in the list.

Unfortunately, owing to Legal Services having undertaken multiple office moves since 2008, locating this order is proving to be difficult. There are other places in which the order may be stored which we haven’t searched yet. With more time we ought to be able to locate it.

We can however say that the Council considers the 2008 order to still be in effect, albeit that it has been heavily modified with hundreds of amendment orders over the years. The order has never been revoked and the Council has no records to suggest that it is the case. After all, we would not have consistently amended the order over the years and all the way up to the present day without it being considered to still be in effect.

Given more time we should be able to exhaust our options for searching but that’s how things stand now.

@Chewdog unless you tell us otherwise I assume you gave up and paid, which is unfortunate as the council could not have produced the traffic order in time for any tribunal hearing.
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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
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