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I received a PCN a couple of days ago for being pulled up in a suspended bay in Manchester city centre -Contravention 21; Lower Byrom St.

I was having really bad pains due to a medical condition & pulled over to call my mum, but hadn't seen that the bay was suspended. I noticed after a couple of mins a CEO was taking a photo of my car from the front, & began to walk around to the back so I rolled down the window & asked if I could speak to him. He continued to ignore me & I got out of the car then to speak to him & he failed to respond until he printed a ticket & said it was 'too late'. The observation period for the contravention was 19:39-19:39, so all within the same minute.

This caused me immense distress, as I'd tried several times to speak to him & clearly been ignored. I explained to him that I have a chronic neurological condition which is worsened by stress, but he just kept saying there was nothing he could do now as it was an instant ticket, & we ended up in a long conversation as I was quite upset. I was very respectful towards him but he continued to be quite rude & claimed he 'hadn't heard me' & then told my partner that he hadn't actually seen me as it was dark & my head was down - I can see my face looking at him in the PCN evidence photos so this was blatantly false.

I began recording the conversation as he had initially been ignoring me, so he turned his body cam on but proceeded to switch it on & off at points in the conversation. I'm absolutely certain he ignored me completely & essentially tried to lie his way out of it, but the stress of this has affected my wellbeing now significantly.

I told him I want to make a complaint & will be appealing - can anyone advise about this as it's difficult to be confident on what grounds I can appeal. I was quite obviously in the car at the time but he chose not to speak to me or tell me to move on; is this just at his discretion?

I've attached below - I'm sure he must've seen me as I was looking at him in the evidence image & I turned my lights on as he walked to the back of the car to alert him that I was in the vehicle.

Is there any possibility of appeal based on the very short observation time?

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I made an appeal, but it was rejected on the basis that there is no minimum observation period & the CEO has no obligation to ask me to move on; even considering my mitigating circumstances, I was told alternative parking should have been sought.

The letter suggested there was plenty of signage (signs & cones), which wasn't the case at all - no cones whatsoever & only one damaged sign, which I hadn't seen in the dark. Just wondering if it is still worth making a formal appeal on this basis? Unfortunately the only evidence I have of the lack of cones is an image taken 2 days later so I don't have any photos from the same evening.

I do think the signage could have been a lot clearer, but unsure if this is sufficient grounds for a formal appeal and/or consideration by an independent adjudicator.

Please see below - thank you for your help

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Hi, just wondering if you've had an opportunity to review this letter & the images I've taken? Thank you so much for your help - I'm considering making a formal appeal so just wondered if anyone had any advice on the best course of action.

Hi there, I made a formal representation to MCC for this PCN which was also rejected - I'm now planning on taking it to an independent adjudicator but have attached a copy of the outcome letter dated today.

If anyone is able to take a look at it & advise further as to how I may address this in the best way, that would be very much appreciated

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Pl post your formal reps.

Why has the authority apparently copied the NOR to a third party?

IMO, when the time comes, register your appeal:

1. Contravention did not occur;
2. Procedural impropriety.

1. Their photographic evidence does not support their claim that 'there are Yellow Signs displayed informing motorists of the suspension in operation.' is manifestly wrong. Their website, to which the NOR directs you, has two photos, neither of which shows the wording on the sign, in fact it shows they show that the sign was incomplete and damaged.

2. The NOR does not include the mandatory info regsrding the power of the adjudicator to register an appeal beyond the 28-day period. IMO, this is as integral and important as giving the 28-day period...which in any event has been given incorrectly: it's no later than the period of 28-days beginning on, NOT from because 'from' excludes the trigger event, in this case the day of service and has the effect of stating that you have the right to appeal on 'day 29' but you don't.

Thank you, I've attached my formal representation - just wondering how I could argue the contravention didn't occur when I did pull up into the suspended bay (if only for a matter of minutes), would this be due to the lack of clear signage?

My partner is the registered keeper of the vehicle, so had to make the formal representation on my behalf - the NOR was therefore also sent to me.

??


ONLY the recipient of the NTO may make formal reps.

If the recipient of the NTO is the registered keeper, then (as you aren't the keeper) they are NOT 'your' reps.

If the recipient is not the RK then the recipient makes reps to the effect that they were not the owner.

As you are not the RK, you have nothing to do with these formalities.

So:
Who was the addressee of the NTO? You or your partner?

Who submitted reps?