Draft representation:
Dear Liverpool City Council,
In the first instance I invite you to cancel the penalty charge based on the following mitigating circumstances. On this occasion I was under serious stress at my day job, and that it was my first shift of my new evening job which is why I was in the city centre, I seldom drive in the city centre and was focused on getting to my new place of work on time, by way of supporting evidence I refer you to the email welcoming me to the company at LINK1 and my shift schedule at LINK2.
The email is dated June 2023 which is when I joined the company and then proceeded to train with the managers. My shift on the 12th September was her first solo shift after I passed my training.
I further draw your attention to the decision in Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023) available from LINK and on the basis of that decision, the PCN should be cancelled in any event.
Yours faithfully,
I will email you a copy with the relevant links.
Happy New Year! Hope you've had a fantastic festive period. Thank you so much for the email, as you know I submitted the representation that same day.
We've received their response today and of course, they've rejected the formal representation ::). I've attached the response to this post.
[attachment deleted by admin]
Draft representation:
Dear Liverpool City Council,
In the first instance I invite you to cancel the penalty charge based on the following mitigating circumstances. On this occasion I was under serious stress at my day job, and that it was my first shift of my new evening job which is why I was in the city centre, I seldom drive in the city centre and was focused on getting to my new place of work on time, by way of supporting evidence I refer you to the email welcoming me to the company at LINK1 and my shift schedule at LINK2.
The email is dated June 2023 which is when I joined the company and then proceeded to train with the managers. My shift on the 12th September was her first solo shift after I passed my training.
I further draw your attention to the decision in Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023) available from LINK and on the basis of that decision, the PCN should be cancelled in any event.
Yours faithfully,
I will email you a copy with the relevant links.
The relevant entry in the TRO is item 173C on page 188:
All that part of the south westerly side of Seel Street which is bounded on the south west by so much of the edge of the carriageway of that highway as extends from a point 11.5 metres north west of its junction with Back Colquitt Street in a north westerly direction for a distance of 50 metres, all measured along the said road which has a width throughout of 2 metres.
I don't think it's marked 100% correctly, but as far as I can see your car was within the designated taxi rank. Is there any meaningful mitigation you could put forwards?
One possible angle to pursue on appeal is that the evidence from the council doesn't suffice to show a contravention, but you don't want to point that out now as it would give them a chance to gather further evidence.
So here: https://maps.app.goo.gl/4HhnmVQad45Tmkhw6
I have requested the traffic order, in the meantime you should post a draft representation based on the suggestions above, as long as you make a challenge during the initial discount period they will almost certainly reoffer the discount.
I had a look at Liverpool's templated paragraphs (https://drive.google.com/uc?id=1RoA4TG1j9EXU-Cvg02xpqbgSdRwXKIWM) have this wording:
Seel Street
The bays at this location are for taxis only during the hours of 8pm and 6am as clearly stated on the time plates running the length of the bays which measure approximately 50 metres. During the hours of 8am – 6pm the bays are pay & display. Your explanation is that you parked within the bays believing they were standard pay & display so assumed they were free to park in after 6pm, however you cannot assume all bays within the city centre are the same and each are sign posted to reflect any other restrictions that may come into effect.
It's probably worth referencing this, but as I said post a draft in your own words first and we'll tidy it up for you. You have until 25 September to make representations and preserve the discount, so there is a bit of time.