Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Fortissimo on July 19, 2023, 05:22:02 pm

Title: Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: Fortissimo on July 21, 2024, 05:29:29 pm
Quote from: cp8759 on July 29, 2023, 03:07:04 pm
I'd be minded to make a formal complaint. If you get another PCN, the council might say you've had a discretionary cancellation before, so you can't have another one. I can draft something for you if you'd like to pursue this.

From a regulatory point of view, this can be framed as a right to rectification request under the UK GDPR.

Sure enough- almost a year to the date- another PCN issued to the same vehicle in the same location with the same code! Will be responding with the same representation as before.
Title: Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: cp8759 on July 29, 2023, 03:07:04 pm
I'd be minded to make a formal complaint. If you get another PCN, the council might say you've had a discretionary cancellation before, so you can't have another one. I can draft something for you if you'd like to pursue this.

From a regulatory point of view, this can be framed as a right to rectification request under the UK GDPR.
Title: Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: Incandescent on July 27, 2023, 08:34:40 pm
Total tosh in the first paragraph in not acknowledging the basis of your representations in any way at all, but what the hell, it's a win, well done !
Title: Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: Fortissimo on July 27, 2023, 08:30:33 pm
Pleased to say that the council have cancelled the PCN- very grateful for your assistance! Thought I'd post the response here for reference: still not really addressed the point regarding the footway/kerb not being lowered in that area, but a good outcome all the same.

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Title: Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: Fortissimo on July 24, 2023, 05:54:45 pm
Many thanks for the above: I've sent the appeal and will update when I hear back!  :)
Title: Re: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: cp8759 on July 19, 2023, 05:45:43 pm
Draft reps:

Dear Salford City Council,

I challenge liability for PCN SL53643437 because the alleged contravention did not occur. The CEO's photos clearly show that my car was not at a location where the kerb has been lowered to meet the level of the carriageway, indeed the kerb is not lowered at all.

While the carriageway might have been raised to meet the level of the kerb, that is not the allegation. It follows that the contravention alleged has not occurred, and the PCN must be cancelled.

Yours faithfully,
Title: Salford Council: Code 27 "Special enforcement area" | Groves Avenue, Salford
Post by: Fortissimo on July 19, 2023, 05:22:02 pm
Hi: was advised to check here for help appealing a PCN received a few days ago. The driver has been issued a PCN by Salford Council whilst parked on a residential street. The PCN is for code 27: "Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway".

Attached is the PCN and SV images. I've had some advice from a couple of people on Pepipoo already who seem hopeful that an appeal might be successful (linked below also): but would be really grateful on any assistance in what to write to ensure this has the best chance of being cancelled.

PCN (https://imgur.io/a/IvzumbN)

Pepipoo Thread (http://forums.pepipoo.com/index.php?showtopic=150685)

Streetview (https://goo.gl/maps/TQoutVfDFFLyin678)

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