Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: guest584 on September 15, 2023, 05:14:12 pm

Title: Re: pcn notice bridgend
Post by: guest584 on December 05, 2023, 04:05:21 pm
hi, is anyone able to help me draft the appeal to send this in?
Title: Re: pcn notice bridgend
Post by: guest584 on November 30, 2023, 06:59:11 pm
and 2 more

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Title: Re: pcn notice bridgend
Post by: guest584 on November 30, 2023, 06:58:06 pm
Thankyou, see attached

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Title: Re: pcn notice bridgend
Post by: cp8759 on November 18, 2023, 10:46:29 am
When you get the notice to owner, post it up on here and we'll help you with the drafting of a representation.

While you wait, it's worth double-checking that the name and address on the V5C is 100% accurate and up to date, as that's the address that they'll use.
Title: Re: pcn notice bridgend
Post by: guest584 on November 15, 2023, 09:17:15 am
Sorry guys, i wasnt trying to be pushy, its just been a tough year, and i know its only 70 pounds, but thats alot for me at the moment.  ok so i do nothing, and then send the same appeal? is that right? thankyou for offering to represent me, that would be amazing
Title: Re: pcn notice bridgend
Post by: cp8759 on November 14, 2023, 11:57:22 pm
Quote from: nicnncha on November 13, 2023, 01:42:28 pm
ok i guess no advice, thanks anyway
@nicnncha you realise most of us have full time careers doing something else, right?

That being said, between all the experts on here I can't think of a single case where someone had to pay due to not receiving any advice. We always somehow manage to respond to everyone before any deadlines expire (except of course if people are tardy in seeking advice in the first place, which doesn't apply to you).

Anyway, all you have is an informal rejection, so the obvious next step is to wait for the notice to owner and challenge that. If you end up having to take this case to the tribunal, I'll be happy to represent you and I win more often than not.
Title: Re: pcn notice bridgend
Post by: Incandescent on November 13, 2023, 05:35:49 pm
Quote from: nicnncha on November 13, 2023, 01:42:28 pm
ok i guess no advice, thanks anyway
Sorry, but we do have other things on ocasionally !  They have not reoffered the discount, so it is a total no-brainer to now take them to the Traffic Penalty Tribunal, as the penalty remains the same and there are no other costs. The TPT hold telephone hearings so you wouldn't have to go to their offices.
If you do decide to go to TPT, opt for the telephone hearing. Papers-based adjudications tend to end up as case lost.
Title: Re: pcn notice bridgend
Post by: guest584 on November 13, 2023, 01:42:28 pm
ok i guess no advice, thanks anyway
Title: Re: pcn notice bridgend
Post by: guest584 on November 10, 2023, 12:03:56 pm
am i best to just pay it? not that i can afford it. any help would be gratefully appreciated
Title: Re: pcn notice bridgend
Post by: guest584 on November 10, 2023, 10:03:31 am
Have i got any more options? i really dont have 70 pounds
Title: Re: pcn notice bridgend
Post by: guest584 on November 09, 2023, 09:01:48 pm
today, 9th november
Title: Re: pcn notice bridgend
Post by: John U.K. on November 09, 2023, 05:56:17 pm
What is the date of the rejection?
Title: Re: pcn notice bridgend
Post by: guest584 on November 09, 2023, 05:19:39 pm
hello, i sent the appeal, and they rejected it ,   I wanted to say, i was only 5 minutes, but when i came out, i saw 2 very aggressive men standing by my car, i had had a bad morning with my son who was refusing to go to school and then when i saw these 2 men, i thought i cant deal with the way they looked ready for a fight.  what can i do, i dont have the money for food let alone 70 pounds, when i did nothing wrong.


Dear Mrs Selfridge Poor
Re : Notice of rejection of “challenge” – Traffic Management Act 2004
PCN No : PT32797885
Vehicle : CU56SXP
Date Issued : 15/09/2023 09:25:24
Location of Contravention : OLD SCHOOL ROAD, PORTHCAWL
I have received your objection dated 6
th October 2023 to the above Penalty
Charge Notice and after careful consideration of the circumstances have found
no grounds for the cancellation of the charge.
The Penalty Charge Notice was correctly issued. Your vehicle was parked in a
loading place during restricted hours without loading.
You say that the Blue Badge was displayed and that Blue Badge holders are
entitled to park in loading bays.
However, this is not the case; the Blue Badge Scheme booklet supplied by the
Department for Transport details “Where not to park” – The Blue Badge is not a
licence to park anywhere. You must NOT park: in parking places reserved for
specific users e.g. permit holders only, loading bays, taxis, cycles.
All vehicles are given 10 minutes observation to confirm loading / unloading is
occurring. If loading / unloading is seen during this period then enough time to
complete the action would be given.
Loading / unloading must be a constant activity; the bay is not for ‘waiting’. Your
vehicle was first seen at 09.15hrs and was seen again at 09.25hrs when finally
the Penalty Charge Notice was issued.
In relation to the points you make about the premium rate telephone number; the
Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 applies to retailers, traders and passenger transport services –
it does not apply to Local Authorities. Your reasons are therefore not accepted as
grounds for cancellation of the Penalty Charge Notice.
The Charge due is £70.00 and payment should be made by 23/11/2023.
If no payment is received by 23/11/2023 a “Notice to Owner”, known as NtO there
after, will be sent to the owner/keeper of the vehicle as registered with the DVLA.
Please note that this Notice will not be sent to the driver. If you are the driver but
not the owner, and you still wish to make formal representations, you are advised
to contact the owner who can respond to the Notice accordingly.
If this Council rejects the representations to the NtO, a notice of rejection will be
sent with details of the appeal procedure. You cannot appeal to the Traffic
Penalty Tribunal until the “Notice to Owner” has been issued and formal
representations rejected.
Yours sincerely
L Jones
p
Title: Re: pcn notice bridgend
Post by: cp8759 on September 19, 2023, 11:54:54 pm
Quote from: nicnncha on September 19, 2023, 11:49:14 am
thankyou, on the back it sayes to send appeals to somewhere in north wales. do i send there or my local bridgend council?
As John says, it's 2023 and we don't want to be messing about with the post, just send it by email following the instructions on https://www.wppp.org.uk/ChallengePcn
Title: Re: pcn notice bridgend
Post by: John U.K. on September 19, 2023, 12:12:33 pm

To North Wales (Wales Penalty Processing partnership)

You can do so via e-mail: See -
https://www.wppp.org.uk/ChallengePcn

for instructions
Title: Re: pcn notice bridgend
Post by: guest584 on September 19, 2023, 11:49:14 am
thankyou, on the back it sayes to send appeals to somewhere in north wales. do i send there or my local bridgend council?
Title: Re: pcn notice bridgend
Post by: cp8759 on September 18, 2023, 09:51:13 pm
Draft reps:

Dear Bridgend County Borough Council,

I challenge PCN PT32797885 on the ground that the alleged contravention did not occur. My blue badge was properly displayed and blue badge holders are entitled to park in loading bays. Further to this, the penalty demanded exceeds the amount due in the circumstances of the case, this is because payment is offered via a premium-rate telephone number. While I appreciate other payment methods are offered, that does not save the council's position in light of the decisions in London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) and Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022).

Yours faithfully,

Send the representation via the council website and keep a screenshot of the confirmation screen.
Title: Re: pcn notice bridgend
Post by: guest584 on September 18, 2023, 10:24:50 am
Yes blue badge was displayed.
Title: Re: pcn notice bridgend
Post by: cp8759 on September 18, 2023, 12:31:52 am
Let's start by turning the PCN the right way up:

(https://i.imgur.com/HXykTII.png)

(https://i.imgur.com/B5TUWeN.png)

Obviously there's an 0845 number on the PCN, that can win on its own as per Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022) (https://drive.google.com/uc?id=11TEzgfHFInCTo-JTFFtWJ8pbIXnMvJCd).

However before we even get to that, was your blue badge displayed? If it was, well you're allowed to park in a loading bay with a blue badge, see these cases:

Cassidy on behalf of Cassidy v Kirklees Metropolitan Council (original) (KM 05633F, 13 August 2012) (https://drive.google.com/uc?id=1gvuqjl_eFCact5ruLgpe4w1RLuoCj8pp)
Cassidy on behalf of Cassidy v Kirklees Metropolitan Council (review) (KM 05633F, 19 September 2012) (https://drive.google.com/uc?id=13-7oN_dLyNtY8DlTCmPdMFefqFFLbx8v)
Karen Lewin v Kent County Council (with Canterbury CC) (KB 05084B, 05 November 2014) (https://drive.google.com/uc?id=1HOrYPHV6sikQSl-SHXfVpY4TyZE3sMcb)
Anthony Granville Clarke-Grenfell v Devon County Council (YD 05198JSD, 01 July 2015) (https://drive.google.com/uc?id=1HOrYPHV6sikQSl-SHXfVpY4TyZE3sMcb)
Title: Re: pcn notice bridgend
Post by: Incandescent on September 17, 2023, 01:58:39 pm
The council seem to have repainted the road markings but failed to repaint the double-yellows inside the loading bay. Clearly, as a loading bay, you can't park there on a BB. The repainted double yellows also have kerb blips for No Loading. I have to say that I don't think a win is guaranteed, but I have yet to study the PCN.

I suspect the council forgot to remove the double-yellow lines in the loading bay, or they covered them over and the covering has worn off.
Title: Re: pcn notice bridgend
Post by: guest584 on September 17, 2023, 11:56:08 am
what i find confusing is there is a sign saying no loading at any time, and there are double yellow marks on the bit i parked in, and with the red fence, i therefore assumed this was not a loading bay
Title: Re: pcn notice bridgend
Post by: guest584 on September 17, 2023, 11:52:50 am
https://www.google.com/maps/@51.4785934,-3.7042298,3a,60y,90t/data=!3m6!1e1!3m4!1sFT1_h5cK-1j-uvieyKCWmg!2e0!7i16384!8i8192?entry=ttu
Title: Re: pcn notice bridgend
Post by: guest584 on September 17, 2023, 11:48:40 am
sorry for delay

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Title: Re: pcn notice bridgend
Post by: Incandescent on September 15, 2023, 10:58:38 pm
Post the PCN (all sides), please, we need to see it as we don't often see PCNs from Bridgend. It may contain fatal errors.

Please also post-up a GSV link to the location.
Title: pcn notice bridgend
Post by: guest584 on September 15, 2023, 05:14:12 pm
hoping someone can help me, i have a disabled badge and i went to the supermarket, there are spaces outside, and so
This morning at 9.15 i parked in what i thought was a space, and got some essentials, by the time i got back 10 minutes later there was a pcn on my screen, saying i had parked in a loading bay.
I did not even realise it was a loading bay as they have put a red fence across and i parked in front of the red fence, and i thought it was a space. can i fight this.

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