3. Edinburgh Council. 102 section 54 no part of car is within 50cm of edge . Comely Bank Grove EH41AZ, Edinburgh
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Re: Edinburgh Council. 102 section 54 no part of car is within 50cm of edge . Comely Bank Grove EH41AZ, Edinburgh
« Reply #15 on: »
Hmm I am not sure now...the ticket says that "progression of the charge will be placed on hold pending a reply" when a challenge is made.

This doesn't really make it clear if the 50% reduction will be put on hold. This is all so murky and underhand, why not just make it clear!
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Re: Edinburgh Council. 102 section 54 no part of car is within 50cm of edge . Comely Bank Grove EH41AZ, Edinburgh
« Reply #16 on: »
To be honest we normally operate under the assumption that the council will refuse everything you say, and you'll only get a fair hearing at the tribunal anyway, at which point the full sum is in play.

Frankly the discount is just a distraction, the only way to guarantee that you can settle at the discounted rate is not to challenge the PCN at all and just pay it as soon as you get it. Challenging a PCN and then paying when the challenge is rejected by the council is the worst option, as you've spent time fighting the penalty and you have absolutely nothing to show for it.
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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: Edinburgh Council. 102 section 54 no part of car is within 50cm of edge . Comely Bank Grove EH41AZ, Edinburgh
« Reply #17 on: »
Good afternoon,

As anticipated my appeal was rejected. I have checked my video and there are still zero views so they never opened my link. The video was a clip of me showing the street (and lack of parking) on a different night.  I am tempted to continue my appeals. If they had viewed it, I would have paid.

Can I check what I should do next for my formal representation? Any dos and don't I need to consider? For example. Do I share the link again in the formal representation?

I also wonder where it specifically says that the council must consider evidence before rejecting an appeal? I can't find this anywhere that would cover Edinburgh council.

Many thanks
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Re: Edinburgh Council. 102 section 54 no part of car is within 50cm of edge . Comely Bank Grove EH41AZ, Edinburgh
« Reply #18 on: »
Post up the rejection, and have a look at this table. The legislation you're looking for is paragraph 2(7) of Schedule 6 to the Road Traffic Act 1991 as applied & modified by The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Order 1998.

Also it's not an appeal, it's just a representation, please stop calling it an appeal. You only make an appeal at the tribunal stage.
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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: Edinburgh Council. 102 section 54 no part of car is within 50cm of edge . Comely Bank Grove EH41AZ, Edinburgh
« Reply #19 on: »








Thanks for your response. Please see images above.

I will stop calling it an appeal - you are of course absolutely right. Apologies.

Thanks for sharing the spreadsheet and legislation. That is very clear.

Next step is representations then which I'll need to construct. Perhaps something in the spreadsheet you shared. Having a proper look now.
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