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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: cyril on August 01, 2023, 01:44:08 pm

Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: Incandescent on August 15, 2023, 09:27:29 pm: I'm amazed that so many people just cough-up without bothering to investigate the circumstamces. No wonder councils make so much money !
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 15, 2023, 07:42:31 pm: He said his daughter email the Blackburn parking services before he paid and they never had any respond and he told me very late, as he was running out of time and he was busy with his daughters wedding, so he just paid it .

I will tell him, but he knows he did not park on the red double lines at all and the video only shows just 60 seconds, before he was turning into the street.

Sent: 11 August 2023 19:25
To: Parking Services <parkingservices@blackburn.gov.uk>
Subject: RE: PCN number: DB90328562 - Vehicle Registration: NL60WVF

Dear parking Services,
I never stopped there I was turning left, but there was a car which I was waiting for him to come out and it was just less than 60 seconds.

My daughter email the parking services, but did not receive any response for Parking services and it was getting late , so I just paid the £35, as I did not want to pay double.

Due to no video on the website, I had to request this from the accesstoinformation@blackburn.gov.uk and I had the opportunity to review the video and I can see I have been issued the pcn incorrectly.

Automatic Acknowledgement email
We have received your email and this will be recorded as a representation.

If you have not already provided your full name, full home postal address and Penalty Charge Notice number please do so immediately (within 3 working days) so that we may respond appropriately. We are unable to respond to business addresses unless you specifically request this. Failure to provide the requested information will result in the progression of the matter without further notice. Please also provide all supporting evidence/information to avoid additional delays.

On the condition that all requested information is received, the Penalty Charge Notice will be automatically placed on hold until a member of the Parking Services team has reviewed the information and a response will be sent via post (usually within 56 days for Parking Formal Representations).

You may view and pay your PCN online at www.blackburn.gov.uk following the links for Penalty Charge Notices. You will need your PCN number and vehicle registration details.

If you have any other parking related queries, please visit www.blackburn.gov.uk/parking

Thank you
Parking Services
Environment & Operation
Blackburn with Darwen Borough Council
Town Hall, King William Street, Blackburn, BB1 7DY
Payment Line: 01254 588100
Email: parkingservices@blackburn.gov.uk

https://www.blackburn.gov.uk/parking
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cp8759 on August 14, 2023, 07:54:26 pm: Quote from: cyril on August 11, 2023, 07:05:21 pm
Video i have seen it is hard to tell look like he was turning left on the street and he said his daughter email the parking services, but did not receive any response
Of course not, if they've had the money why would they bother responding. It's very unfortunate as I think the video doesn't prove a contravention at all. As I said above with all the two factor authentication we have nowadays, it probably takes longer to pay than it takes to send a representation.

You should let the guy know he's thrown his money away for nothing.

Sorry to be harsh but it's the truth.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 11, 2023, 07:05:21 pm: Video i have seen it is hard to tell look like he was turning left on the street and he said his daughter email the parking services, but did not receive any response

https://imgur.com/nJOcbEI

https://imgur.com/12aDAJA

https://blackburnbc.sharepoint.com/sites/External-Access-to-Information/Shared%20Documents/Forms/AllItems.aspx?ga=1&id=%2Fsites%2FExternal%2DAccess%2Dto%2DInformation%2FShared%20Documents%2F02075%20DP%20Request%2FDB90328562%2Emp4&parent=%2Fsites%2FExternal%2DAccess%2Dto%2DInformation%2FShared%20Documents%2F02075%20DP%20Request
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cp8759 on August 05, 2023, 06:17:13 pm: Quote from: cyril on August 03, 2023, 06:12:44 pm
Just to let you guys know he has paid it, as he did not had the time.
It probably takes longer to pay than it takes to make a representation.

Quote from: cyril on August 03, 2023, 06:12:44 pm
I have sent an email to Blackburn and Darwen parking services why there was no video when we checked on their website, so waiting for their response.
If the penalty has been paid, they are under no obligation to respond and they might never bother.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 03, 2023, 06:12:44 pm: Just to let you guys know he has paid it, as he did not had the time.

I have sent an email to Blackburn and Darwen parking services why there was no video when we checked on their website, so waiting for their response.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cp8759 on August 03, 2023, 12:10:03 am: Given the lack of time, I would make a challenge simply asking for the video and asking them to cancel.

At the end of the day from those images, we don't know he wasn't stationary due to queuing traffic.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 02, 2023, 10:39:19 pm: Well at the moment he is really busy with his daughter wedding and himself or the family who open the post don’t know if there was page 3&4.

I find it strange there is no video to analyse on the Blackburn and Darwen website, showing only 3 images which is not helpful.

It would have helped us to see what was actually happening on the video evidence.

I will speak to him tomorrow, if no response from the forum, then I will tell him to just pay the discount while you can.

To be on the safe side not to go over 21 days would have to pay before midnight tomorrow.

Date of service 14th July and counting 21 days comes on Friday 4th August, but to be on the safe side pay by Thursday 3rd August before midnight.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: John U.K. on August 02, 2023, 09:42:32 pm: Quote
3&4 page he can not find , is today his last day , as it said 28Days on the pcn from the service date.

Date of PCN -- 12th July
Date of Service -- 14th.JUly
Last day for payment at discount (or reps to preserve discount - most Councils re-offer discount when rejecting) within 21 days of date of service by my reckoning =
14+21 -30 = 5th.August
I may be wrong, say midnight tomorrow to be on safe side.

Last day for payment in full or making reps =
14+28 -30 = 12th.August.

If he can swear to there being no other pages in the envelope he could write a challenge something like this
re PCN AB123456
I wish to challenge the above PCN on the grounds of procedural impropriety in that there were no pages 3&4 with it and no information as to how to view the video alleging the contravention.
They will reply and that buys more time, but may risk discount.

or, if he knows he was stopped, pay now for the discount.

Hopefully an expert here can come up with a better solution in the next few hours.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 02, 2023, 07:34:20 pm: 3&4 page he can not find , is today his last day , as it said 28Days on the pcn from the service date.
He was waiting for the other car which was supposed to move and took over few minutes before he can park on his spot, so I don’t know which end he was, I checked google street view could not figure out.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: John U.K. on August 02, 2023, 05:30:51 pm: It says on the PCN that he has pages 1 & 2 of 4, and that the stills are taken from the video footage.
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 02, 2023, 04:53:04 pm: He checked and does not have the page 3 and 4 and i have checked the Blackburn and Darwen website and showing no video, only images.

Case status:   This Penalty Charge Notice is currently in the discount period. A 50% discount has been applied. You can still make a challenge if you have not previously challenged this PCN or pay the outstanding balance in full. Please note that failure to submit a challenge or make full payment will result in the automatic progression of the case.

PCN number:   DB90328562
Vehicle Registration:   NL60WVF
Vehicle make:   TOYOTA

Contravention description:   Stopped where prohibited (on a red route or clearway)
Contravention explanation:
Location:   COPY NOOK
Contravention date:   03/07/2023
Contravention time:   07:11 PM
Outstanding amount:   £35.00
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 01, 2023, 11:16:16 pm: I have asked him to send me the page 3 and 4.

I don’t think there is video as I only seen 3 images.

https://ocmlive.xrxpsc.com/blackburn/ocm-fe/ocm/details.aspx

PCN number: DB90328562

Vehicle Registration: NL60WVF

https://ocmlive.xrxpsc.com/blackburn/ocm-fe/ocm/default.aspx

https://www.instantstreetview.com/@53.748649,-2.466434,69.6h,-0.66p,3.66z,tGtmaoz7pCbQa-mhzu8DGg
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: Pastmybest on August 01, 2023, 05:07:50 pm: are there more pages there should be also get and post the video

reps must be made by Thursday to preserve the discount
Title: Re: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 01, 2023, 03:36:39 pm: Please find image of the back page of the pcn tickets.

[attachment deleted by admin]
Title: Stopped were Prohibited on a red route or clearaway. Contravention code 46J
Post by: cyril on August 01, 2023, 01:44:08 pm: Hi Guys
Another of friend got a PCN Stopped were Prohibited on a red route or clearaway. Contravention code 46J. Blackburn and Darwen.

He told me today and he does not have much time.

I told him I need the back copy of the letter.

Is there any chance for pcn to be waived.

Your advice will be appreciated.

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