Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: slomo on January 27, 2025, 04:39:54 pm
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@slomo just make a one-line representation saying that the alleged contravention did not occur.
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@cp8759 thanks for this. I hadn’t seen the video. Unfortunately, I don’t believe we have any receipts and moved before she arrived. I need to appeal today or pay the reduced rate. Is there a generic appeal to buy some time? Thanks
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I'm not sure you need a technical appeal: what were the goods in question? You've said your wife was "collecting" some items, this suggests they were pre-ordered i.e. she wasn't just going shopping, if this is correct do you have any evidence such as a click & collect receipt or email?
Here's the video:
https://www.youtube.com/watch?v=Y5xQjic6UgY
At some points it looks like you're rearranging some items in the car (making room for whatever she was collecting?) but towards the end of the video the car looks unattended? Unfortunately the video doesn't show her leaving or returning.
If you can show that she was legitimately loading goods then there is no contravention, because that's exactly what a loading bay is for.
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@Incandescent @cp8759 The red route is relatively new and as there were no red lines on the road marked for the loading bay I thought it was okay to stop there. I never parked and left the vehicle, I only stopped there and would have moved on had a Civil Enforcement Officer asked me.
This was captured on a manually operated CCTV I believe. I'm not sure exactly how long I was stopped there, but is there a 20 minute rule for loading bays?
Does anyone know of a technical appeal for city of Brighton & Hove council?
Many thanks,
SloMo
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OK, so the PCN has been served within the 28 day period allowed, and the section for submitting reps seems OK.
Did you actually look at the sign for the bay where you parked, or did you just chance your arm ? The sign is clear enough - "Loading Only". No days or times means it is a 24x7 restriction.
At the moment I see no credible reps unless you can tell us more.
There may be a 'technical appeal' based on Brighton mismanagement of the enforcement process, but for Brighton I'm not sure of one, but hopefully somebody may suggest something.
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Hi @Incandescent,
No, apologies I’ve just updated the Imgur with the two sides of PCN for representations.
I’ve also uploaded the photo evidence that was online.
See below:
https://imgur.com/a/nx6GhhI
PCN was received in the post on 13 January 2025.
Many thanks,
SloMo
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Have you posted all of the PCN ? There should be a section on submitting representations which also lists the statutory grounds for reps and also an appeal at the adjudicators.
They have been rather tardy in sending out the PCN. What date did you receive it, because they have a total of 28 days to serve a postal PCN from date of alleged contravention ? Served means received at the address on the PCN.
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Hi I was issued a PCN for parking in a designated loading bay which appears to now be part of a new red route.
I was sitting in the car for probably 15 minutes whilst my wife was collecting some Christmas items from a local shop.
Is there a case?
Google street view link:
https://maps.app.goo.gl/HJkCBiTmMaNVAvnS9
Many thanks,
SloMo
https://imgur.com/a/nx6GhhI