Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: freesoul on April 28, 2024, 01:52:47 pm
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So now you can join the "Mugged Club" !
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Apologies, I was overwhelmed by my work and I haven't got the time to check your comments.
No need to apologise, now you know why councils dish out PCNs like confetti: they know most people will shower them with cash.
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I have just paid it and saved my energy and time :(
Apologies, I was overwhelmed by my work and I haven't got the time to check your comments.
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@freesoul are you still with us?
I've now got the Bournemouth, Christchurch and Poole Council (Parking Regulation, On-Street Parking Places and Off-Street Parking Places) Consolidation Order 2024 (https://drive.google.com/file/d/10YpwNb2BGeQ9oCNa0DVbR3T_EzOKzI7T/view).
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Now would you recommend me to pay it or take it to the court, if it’s the latter option what will be the worst scenario?
There is no court, you right of appeal is to the Traffic Penalty Tribunal.
However you need to first challenge the PCN by making an informal representation, then if that is rejected you wait for the Notice to Owner and make a formal representation against that.
Only if the formal representations are rejected is there then a right to appeal to the Traffic Penalty Tribunal.
As long as representations are made against the PCN & the Notice to Owner within 14 days of the date of issue of each document, then the discount is normally reoffered, so there's limited risk in making representations to the council. It's only if you appeal to the Traffic Penalty Tribunal that it becomes all or nothing, but before then the council might make a procedural error at the representations stage.
As I said above for the informal representations, you may want to use the strategy of last resort (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-edinburgh-02-parked-in-a-restricted-street-lochrin-buildings-gilmour-pla/msg7413/#msg7413) which we can help with, but you'd need to give us some mitigation (assuming you have any).
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It's double or quits. If you go to tribunal it will be at the full price.
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This is strange, because I remember I looked at time when I was driving back home it was 13:18. It’s either they left only a second before I come to my car or there was a mistake in their timing.
Now would you recommend me to pay it or take it to the court, if it’s the latter option what will be the worst scenario?
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Council photos:
(https://i.imgur.com/UfNf2bw.jpeg)
(https://i.imgur.com/XZ6r7F7.jpeg)
(https://i.imgur.com/BH21OGj.jpeg)
(https://i.imgur.com/LTXXt5Y.jpeg)
(https://i.imgur.com/3Mw9rkN.jpeg)
@freesoul part of me is tempted to say this should be taken to the tribunal just to see how much they mess up the evidence pack, these small provincial councils do tend to make an awful lot of mistakes.
But at this stage this is a case that really calls for the strategy of last resort (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-edinburgh-02-parked-in-a-restricted-street-lochrin-buildings-gilmour-pla/msg7413/#msg7413), you'd have to come up with some suitable mitigation.
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The BCP Trafweb confirms that where the vehicle was parked is subject to 24/7 no waiting and no loading restrictions. But whether this reflects accurately the
provisions in an order?
Probably, but it can be checked.
As regards the PCN's wording, the only variance I can find is its use of 'date served' instead of 'date of contravention'.
But this is a 'Must State' item - therefore exact wording is not mandatory - instead the PCN as a whole must convey the correct meaning and this one states:
Date of contravention - 26 April;
Date served - 26 April.
So, would any adjudicator find that using the term 'contravention' instead of 'date served' was a serious enough difference to constitute a procedural impropriety when immediately above it can be seen that these dates are identical? IMO unlikely, but no doubt stranger things have happened at adjudication.
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Personally, I don't see any exempt activity there (it may have qualified for loading if they were bulky but there is a 24hr loading restriction marked by the kerb blips).
Don't be in a huge rush to pay the discount, somebody may perhaps spot an issue with the notice.
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The driver left some stuff in the gym and went to collect them,
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That's an odd place in some ways to park. Also it wasn't exactly parked particularly well (a fair way from the curb) so possibly you were running some sort of errand. If so what was it. There is a chance it was an exempt activity.
Obviously you were actually there more than 3 minutes. That's just the time the CEO happened to observe.
It looks like you were approximately here
10 Avenue Ln
https://maps.app.goo.gl/5JdRvUk8jfNw4NLx5
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Ok, sorry I didn’t know that. Here you go!
[attachment deleted by admin]
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Your car reg is on show every day so whats the issue, We know there are photos but on the council website without them we cannot hope to help
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There isn’t any photo, only PCN. And the PCN is uploaded here.
[attachment deleted by admin]
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That would depend on whether you want anybody to be able to view the council photos and potentially find a way forward.
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Do I have to show the car details? I only covered the car details.
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Reinstate the obscured details on the PCN and we'll get the pics.
Why would you obscure them anyway?
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There isn’t any photo and this is the other side of the PCN
[attachment deleted by admin]
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We need to see both sides of the PCN and all of the council photos
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The driver received a PCN, For overstating for 3 minutes in a restricted street where waiting and loading/unloading restrictions are in force. Do you think it's worth appealing or just pay it and gain peace of mind?
[attachment deleted by admin]