3. Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #15 on: »
If you get a Notice of Rejection please make sure to post it on here before doing anything. Hopefully they'll exercise a bit of common sense and just cancel it though.
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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: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #16 on: »
Hello the council rejected my representations. I've attached their notice of rejection.
Please could you advise me on what to write in my appeal?

Thanks



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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #17 on: »
The PCN was issued for the wrong contravention. 

Clearway parking only applies to the carriageway, not the footways or verges.  There is a sign on their rejection showing a ban on parking on these, so the PCN should have been issued for parking off-carriageway, assuming they have created a traffic order for this. The CEO who served the PCN got it wrong, basically.  In London, the ban applies from the 70s due to an Act of Parliament, but this was London-specific.

As they haven't re-offered the discount, it is now a no-brainer to take them to the Traffic Penalty Tribunal as the penalty remains the same, and there are no additional costs.

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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #18 on: »
+1 do you want me to represent you at tribunal ? if so let me know
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #19 on: »
@ntown I strongly recommend you take up Pastmybest's offer.
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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: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #20 on: »
Quote from: Pastmybest on October 16, 2023, 01:43:45 pm
+1 do you want me to represent you at tribunal ? if so let me know
yes please. I've made an account on the tribunal website and got to the point where it asks if I am the appellant or appellant's representative.
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #21 on: »
It would have been better to have let me create the account that you have done so means i will always need to wait for you to send me anything the council send or any messages from the tribunal. That can only mean delay not getting everything and thus reduce the chances of a win. let me think on the best way forward
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #22 on: »
Quote from: Pastmybest on October 24, 2023, 08:28:42 pm
It would have been better to have let me create the account that you have done so means i will always need to wait for you to send me anything the council send or any messages from the tribunal. That can only mean delay not getting everything and thus reduce the chances of a win. let me think on the best way forward

I have sent you a PM
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #23 on: »
I can do nothing until I hear from you
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #24 on: »
Quote from: Pastmybest on October 24, 2023, 08:28:42 pm
It would have been better to have let me create the account that you have done so means i will always need to wait for you to send me anything the council send or any messages from the tribunal. That can only mean delay not getting everything and thus reduce the chances of a win. let me think on the best way forward
If he hasn't submitted the appeal yet, you can still go ahead and register the appeal on your own account.

@ntown are you still with us? Sometimes people go it alone and it can end in disaster, see this example: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/warwickshire-cc-pcn-code-24-not-within-markings-of-bay-lakin-road-warwick/

I'd hate for your case to be one of those.
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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: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #25 on: »
Am dealing with this and if no response to my email to TPT on Monday will call them
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #26 on: »
Quote from: Pastmybest on October 29, 2023, 12:44:37 pm
Am dealing with this and if no response to my email to TPT on Monday will call them

Appeal registered and acknowledged
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #27 on: »
Appeal is registered am awaiting council pack
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #28 on: »
Have a hearing date of 11th of December, and have the council evidence including a TRO (CP i will send this to you) it creates a contravention of stopping on the verge or footpath so have had to look carefully at this It is easy to say wrong contravention and in my mind it is, but then what contravention has been committed any advice welcome So I look to the signage, this does not support a contravention of stopping on Verge or FP as it is a no waiting contravention sign the council put in evidence they also fail to use any traffic facing signs or repeaters as are prescribed by TSRGD so I am defending only the on carriage part and anything else is at least mired in ambiguity that must be resolved in our favour

Plenty of technical issues as well
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Re: Trafford - Code 46 stopped where prohibited - Woodhouse Lane (Dunham Massey)
« Reply #29 on: »
The PCN is not for contravening the TRO establishing the footway and verges parking restriction, but for the clearway, which only applies to the carriageway. Looks like they need to retrain their CEOs.
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