3. Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
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Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
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I was parked on Farringdon street near a school. This is a parking used on a daily basis by many drivers.

There are zig zag lines outside the school and then a gap for two cars to be parked easily still leaving enough room.
I was parked in that particular spot with the other car behind me.  I parked there in the morning at around 9:00am until 15:00pm however the CCTV shows the time of leaving.

According to the council I was parked on the zigzag lines. I regularly use that road to park and am certain that I was not parked anywhere near the lines. The CCTV footage used to capture this has been cleverly angled in a way which makes it seem that I crossed the lines(Zooming trick illusion). You can see actual space on google street view.


I do not believe it is lawful for the council to be fining people for parking legitimately. There is clearly space for two cars to be parked in the spot they are stating and does not block any entrance or exit of the school.

Also the letter came in my partner's name as he is the registered owner.
Please advice me if its worth doing appeal or just pay £35 but its really unfair and council is using this CCTV technique to charge drivers on regular basis.




https://drive.google.com/drive/folders/1nrUltWj-ERRs3hQy9YH0hVysx7FSmLp1


https://parking.walsall.gov.uk/penaltychargenotice/

https://imagizer.imageshack.com/img922/3900/dCoTsV.jpg

https://imagizer.imageshack.com/img922/6136/WhxmPK.jpg

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« Last Edit: May 26, 2024, 01:39:25 am by Riamo01 »
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #1 on: »
It would appear to e that the images show a car leaving, not one being parked on the zigzags. Is there any photos of the car parked on the zigzags? Your first link wants me to sign in to something which I'm reluctant to do. It the council don't have that photographic evidence, then they don't have a case.
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #2 on: »
Sorry I tried to upload video and share link but the best way to see all evidence is by following link;

https://parking.walsall.gov.uk/penaltychargenotice/

Vehicle Reg: DP18TFJ
PCN#:  XD46101416
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #3 on: »
OP----This is the key photo because it describes the prohibition.

https://maps.app.goo.gl/tYDWxspi7eCYEMWc7

The Council may argue that it's all a "restricted area outside a school" but that sign indicates the true position. You were not stopped on any entrance markings so a contravention did not occur.

Also looking on GSV vehicles have used that spot to park on a habitual basis. Therefore you have an appeal ground of "legitimate expectation" that you could park there without enforcement.

Mike
« Last Edit: June 23, 2024, 12:12:42 pm by cp8759 »
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #4 on: »
There are two sets of entrance markings, with a space between them.  The camera does not show a contravention at all, so if it were me, I'd take them all the way to adjudication, but it's your partners car so he must decide as the PCN is his responsibility to pay or appeal.

Please post up their letter of refusal of reps, so we can see what tosh it contains.
« Last Edit: May 26, 2024, 12:05:30 pm by Incandescent »
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #5 on: »
Thank you for your responses.
I am hoping to appeal this and would appreciate it if anyone is able to either give me an example or guide me on how to put this forward as an official appeal.
« Last Edit: May 26, 2024, 11:29:56 pm by Riamo01 »
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #6 on: »
@Riamo01 here you go:

Dear Walsall Metropolitan Borough Council,

My vehicle was filmed by your camera but it was not stopped in a restricted area. The restricted area is marked by yellow zig-zag lines, there is a gap in the zig-zags where parking is permitted, this can clearly be seen on Google Street View at https://maps.app.goo.gl/Ei2brAf2DfDmL9FPA

It is obvious that your camera is faulty and it not properly calibrated, as no vehicles parking in that legitimate spot should be subject to any enforcement. I trust you will now review your records and not only cancel my own PCN, but also any other PCNs that might have been issued erroneously, even if they have been paid.

I take it that in the interests of fairness, enforcement will be suspended altogether until the camera has been fixed.

Yours faithfully,


Send this online and keep a screenshot of the confirmation page. I will also look into the camera approval, as clearly something is not quite right.
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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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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #7 on: »
Thankyou so much for all your help, much appreciated. I will keep you updated with the outcome.
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #8 on: »
I have asked the council about the camera and this was the response:

The make is Hikvision camera with a Teltonika Router and the model is DS-2DE4A425IW-DE(B).

Not sure they have a certificate for it but let's wait and see how they respond to the representations.
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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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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #9 on: »
Thank you again for gathering the information,  I am still waiting for a reply from Walsall Council and I will  keep you posted.
Regards
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #10 on: »
Dear members,
Thankyou for all your support and advice. Walsall Council have cancelled the PCN on this occasion :)



https://imagizer.imageshack.com/img924/5617/zj7GaS.jpg

https://imagizer.imageshack.com/img924/5453/yLJkp8.jpg

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« Last Edit: May 31, 2024, 11:39:05 am by Riamo01 »
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #11 on: »
@Riamo01 I would suggest you raise a formal complaint. The council has treated this as a discretionary cancellation, and with most councils you only get one every few years.

As you were not parked on the zig-zags, the contravention did not occur so it is wrong for the council to record this as a goodwill gesture, because this will be held against you if you get any other PCNs.

I can draft some wording if you'd like to pursue this.
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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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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #12 on: »
Yes please if you can help with wordings then I will follow up as this will help others.
Regards
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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #13 on: »
You'll need to submit this via https://go.walsall.gov.uk/apply/myaccount-online-services/make-complaint

Dear Walsall Metropolitan Borough Council,

I wish to raise a formal complaint about PCN XD46101416, which has been cancelled and is therefore no longer subject to any statutory appeal procedure.

The notice of acceptance states that "the Penalty Charge Notice was correctly given", this is unacceptable: my car was parked outside of any school zig-zags, on a section of unmarked road visible here: https://maps.app.goo.gl/Ei2brAf2DfDmL9FPA

It is obvious that your camera is faulty and it not properly calibrated, as no vehicles parking in that legitimate parking spot should be subject to any enforcement.

For the council to suggest that my vehicle was illegally parked when the evidence clearly shows that it was not is wholly unjustified, furthermore this should not be recorded as a discretionary cancellation. Your notice of acceptance also says that "If you receive any further Penalty Charge Notices in similar circumstances, we may not be able to cancel it", again this is wholly unacceptable: any penalty charge notice issued to anyone parking on an unrestricted length of road must be cancelled, the council has not discretion about this.

Article 16 of GDPR provides as follows:

"The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement."

I now require you to rectify your records to properly show that penalty charge notice XD46101416 was erroneously issued and that it is not cancelled on a discretionary basis, but rather because the alleged contravention did not occur.

I trust you will now review your records and also cancel any other PCNs that might have been issued erroneously to other people for parking at this location, even if those other PCNs have been paid.

I take it that in the interests of fairness, enforcement will be suspended altogether until the camera has been fixed to only enforce against vehicles actually stopped on the zig-zags.

Lastly the council should apologise for all of the above.

Yours faithfully,


As always keep a screenshot of the confirmation page.
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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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Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area, Farringdon Street
« Reply #14 on: »
Below is the reply from Walsall Council;

Dear,
We have looked into your complaint at Stage 1 of our complaints process and can advise that Penalty Charge Notice  XD46101416 has been reviewed and the CCTV footage shows the vehicle was parked partially on the school keep clear restriction. The CCTV footage was also available to see online before making an appeal.  Parking rules apply even if only part of your vehicle is parked on the line and are there to ensure the safety of the school children at drop off and pick up times.  A vehicle even partly parked where it is not allowed can still have a considerable effect on traffic flow and safety.
 

The camera is serviceable and functioning correctly and the vehicle was subject to enforcement by a Civil Enforcement Officer viewing the evidence.

 

The Penalty Charge Notice was discretionary cancelled as a means to educate the driver that vehicles even partially on the restriction will be enforced upon.

 

We will continue to educate and enforce for the safety of pedestrians outside this school.

 
This response now concludes Stage 1 of our complaints procedure, based on the information that is available. We hope that you find the information in this letter helpful and you are satisfied with the outcome. If you are dissatisfied with this response, you may, within 1 calendar month of the date of this response, request that we review your complaint at Stage 2 of our complaints process.
 
To do this, you will need to explain the reason why you remain dissatisfied and what you are seeking as an outcome.
 
You can request the review via MyAccount (https://myaccount.walsall.gov.uk).
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