Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: guest234 on July 12, 2023, 07:15:36 pm
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Yes within the 14 days and didn’t get the discount re offered
As John says, post the Notice of Rejection in full, all sides of all pages. There might be a failure to consider in the rejection, and frankly if the discount hasn't been reoffered there's no point in paying now.
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Yes within the 14 days and didn’t get the discount re offered
So, you have had a reply to your reps?
If so, post it here with your reps.
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Yes within the 14 days and didn’t get the discount re offered
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If the representation gets rejected will I get the 50% of or will it still be 70
Have you made a representation yet? If you make representations within 14 days of the date of issue the discount is normally reoffered. On the other hand if you've missed that deadline, there's no point in paying the full amount now.
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'I parked beyond the bus lane on the single yellow...[in the length of road between] hartmann street to Russia st?'
' have parked here at all times of the day'
But it's a SYL. The concept of legitimate expectation can apply in a range of situations, but if the adjudicator looks at you and asks why you parked on a SYL, apparently at will, what would you say? You've posted that you asked (presumably relevant council officers i.e. CEOs) and were told it's OK. To be honest, it's difficult to imagine a CEO saying it's fine to park on a restricted SYL for however long you like when you like, but if you say this happened and that it formed the basis of you parking(which is not legitimate expectation but permission of a CEO) then say so in your reps.
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In all honesty I can't see any solid grounds here, so your best bet is to make a plea for discretion and hope they mess up the response.
Write a draft based on the comments made so far and we'll review it for you.
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This is from the Original
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Please post the back of the PCN.
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You have until 27 August to make a representation that should get the discount reoffered, I'll have a proper look when I get a chance.
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Notice
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Notice
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Notice to owner arrived
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So does that say parking is allowed from the point of hartmann street to Russia st? My car is parked within that on the main rd
That entry is within the "No Waiting Mon-Sat 8am-6pm" section that starts on page 73 of the PDF (annoyingly the pages numbers written in the document itself are wrong and don't match up).
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So does that say parking is allowed from the point of hartmann street to Russia st? My car is parked within that on the main rd
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The traffic order is The Lancashire County Council (Hyndburn Borough Area) (On Street Parking Places, Prohibition and Restriction of Waiting) Consolidation Order 2009 (https://drive.google.com/file/d/1QQK2-QaGlge94pqvQ2-SvzLTMjougBrq/view?usp=sharing).
The relevant entry seems to be item 17 b)(iv) on page 75.
I can't see any issues with the order itself but wait for others to comment.
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Then to be honest, subject to whatever might turn up in the traffic order, your best bet is to challenge the Notice to Owner within 14 days of the date of issue to get the discount reinstated. If you're really lucky they might make a procedural error in the Notice of Rejection.
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Don’t think so
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Do you think you could get statements from people who live on the street?
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Can’t find it now but I just sent the response soon as I received the ticket saying what I’ve said here how I’ve parked for years and had nothing and have asked officer before and they said it was fine
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OP, what's the basis of this in their response?
'..please be advised police/council members do not have any authority to allow/advise....'
As per John U.K. post your challenge pl.
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Legitimate expectation can work but it's not a sure thing, many adjudicators won't accept it, certainly not on yellow lines. Even if you get an adjudicator who does accept the argument, you'd need something more than a couple of photos. If you can get statements from a number of residents (3 to 5) saying they've parked there for X years and never had a PCN, that would give you a fighting chance.
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What sort of proof would be acceptable, I’ve got pictures of the street full with no tickets at similar times is that okay?
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What do I need to appeal this?
Well, basically you were parked on a single yellow line during its restricted hours, so a PCN is legit. Parking outside your own house doesn't negate any restrictions there are on the street. However, you say you have never been penalised before and have parked this way for a long time, so you can claim "legitimate expectation" of no PCN. The only thing is you have to show that you had this expectation, so need some sort of proof to back up your claim.
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What do I need to appeal this?
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Yeah the address is the same one on the logbook
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I have requested the traffic order as something may turn up (or not, which would be even better).
Don't worry about the discount, as long as the council received formal representations against the Notice to Owner within 14 days of the date of issue, they'll re-offer the discount anyway, so there's little risk in carrying on.
The only thing you need to do at this stage is double check that the address on the V5C is 100% up to date.
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I parked beyond the bus lane on the single yellow and have photos of other cars being parked there within the same time I got a ticket
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Presumably you were parked on the SYL, not the 'bus stop?
GSV not much help I'm afraid, with 'legitimate expectation' as the last view is July 2018, and neither that nor the older views show parked cars on that stretch. Can neighbours provide statements about lack of enforcement?
Challenge and rejection?
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Here’s the link https://maps.app.goo.gl/3LGsbp9Ck6fJ23dU9?g_st=ic
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For meaningful advice please provide a GSV link to the location, as there are several 356 Blackburn Roads in Lancashire.
Also re-post the front of the PCN with the Location re-instated, as it may be too vague, nor can we tell if you have a 'legitimate expectation' defence...
And please add copies of your challenge and the Council's rejection.
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Got a ticket for the first time parking outside my own house, never had an issue for years since I’ve been driving and have parked at all times of the day. There’s other cars that park there at similar times to the ‘restricted hours’ and haven’t got a ticket. I’ve tried appealing that and they still rejected can anyone help?
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