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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Cohlas on September 18, 2023, 08:21:48 pm

Title: Re: Council PCN with blue badge
Post by: Cohlas on October 12, 2023, 09:56:23 pm
Still not had anything back
Title: Re: Council PCN with blue badge
Post by: Pastmybest on October 02, 2023, 07:35:57 pm
post it here so we can assess your next step
Title: Re: Council PCN with blue badge
Post by: Cohlas on October 02, 2023, 02:02:44 pm
No rejection letter / email as yet.

If I do get one, what's next step?
Title: Re: Council PCN with blue badge
Post by: cp8759 on October 02, 2023, 11:48:44 am
Have you received the rejection letter?

In any case Manchester normally reoffers the discount if you challenge the notice to owner within 14 days, so on that basis you might as well carry on as it involved very limited risk.
Title: Re: Council PCN with blue badge
Post by: Cohlas on October 01, 2023, 12:36:50 pm
OK do I still fight ? ( today last day of it being £35)

I've won two privates before, one cancelled straight away, one didn't then I sent a follow up letter and won
Title: Re: Council PCN with blue badge
Post by: cp8759 on October 01, 2023, 12:28:42 am
So they've looked at it - why rejection thought case was strong ?
Because the amount due on the council website is £35, if they'd cancelled it it would be zero.

That being said, councils reject 99% of informal representations because they know that most people will give up and pay at that point.
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 30, 2023, 11:57:30 am
So they've looked at it - why rejection thought case was strong ?
Title: Re: Council PCN with blue badge
Post by: cp8759 on September 29, 2023, 10:12:53 pm
Well done to Manchester City Council for at least looking at the evidence. Expect a rejection any day.
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 24, 2023, 05:10:58 pm
Sorry I've seen you have pmd. Many thanks
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 24, 2023, 04:58:18 pm
Perfect ! Thanks so much.

Yes sorry I clicked the link do I need new one to attach?
Title: Re: Council PCN with blue badge
Post by: cp8759 on September 22, 2023, 11:43:58 pm
Here is North Parade: https://maps.app.goo.gl/siCwA1FK6pLGYQfT6

It's not new at all as it was there in 2008 and has likely been there for decades if not centuries, it's just not mapped on google maps.

Anyway, this should be reasonably straightforward:

Dear Manchester City Council,

I challenge liability for PCN MC26350004 on the ground that the alleged contravention did not occur. This is because there was no signage in the vicinity of my car indicating the extent of any restrictions. While all the photos of my car were taken between 3:55 and 3:57 pm, the only photo the CEO took of the sign is timed at 4:03 pm, which suggests that the CEO had to walk no less than six minutes from my car to the sign. The sign cannot therefore have been visible from where my car was parked.

While there was a sign close to my car, that sign did not carry any information, I refer you to the photo I have uploaded at (link)

In light of the above the alleged contravention did not occur.

Yours faithfully,

I will PM you a link to put in the representation, it will redirect to https://imgur.com/a/NbJBKdJ but if you use the link I'll PM you, we can use the click count to confirm whether they've looked at it or not. If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 22, 2023, 09:18:58 am
Yeah so:

No cones were I parked

Sign on the meter where the cones were had no times on. I didn't pay (sign may block the machine)

The disabled parking opposite the venue wasn't accessible because the street was blocked by removing a clamped vehicle! So there was nowhere to park. If I'd have known I would have parked on double yellows, as you get 3 hours with a badge.

I thought 1) the restriction was over and 2) it was OK with a badge.

The fact further up there were cones, and then they stopped for a number of bays was not clear.
Title: Re: Council PCN with blue badge
Post by: Pastmybest on September 21, 2023, 07:27:43 pm
There is one sign at each end of the bays near to where the OP parked it is affixed to the wall and at the other end a post. I would suggest that the sign the OP photographed the one the CEO photoed was at the other end on the post For me the OP was entitled to believe the that any suspension was over
Title: Re: Council PCN with blue badge
Post by: John U.K. on September 21, 2023, 06:44:35 pm
Where are the signs that govern the bays?

When GSV last passed in 2021 there was a suspension here
https://maps.app.goo.gl/tvshzbPrtdQXhqwU9

using cones, but still no sign of a governing sign.

Is it in some sort of zone where parking in marked bays is permitted and the governing signs are at the boundary of the zone?

Found the parking meter -still there in the distance in 2022 but GSV is 2021 for close-up
https://maps.app.goo.gl/nWjzLZG8GL1qwm519

Did you pay for parking there?
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 21, 2023, 06:03:12 pm
Confused - I never saw that sign!!

Are there drafts to crib for council as I've done before for private ?
Title: Re: Council PCN with blue badge
Post by: John U.K. on September 21, 2023, 08:13:17 am
Quote
One thing I can't work out is where North Parade is, does anyone know where that might be?

Not easy to find, however

https://www.openstreetmap.org/search?query=north%20parade%20M3%202NH#map=19/53.48248/-2.24842

It's very new
https://www.google.com/search?client=firefox-b-e&q=north+parade+manchester

Re the suspension sign - it is "Back South Parade" as the street name, not 'back of South Parade'

The two streets are north and south of Parsonage Gardens
Title: Re: Council PCN with blue badge
Post by: cp8759 on September 20, 2023, 11:31:14 pm
So it's the bays on the left here: https://maps.app.goo.gl/MtRy5t7cQkhPtFAb6

The civil enforcement officer took this photo:

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

However all the other photos are timed between 3:55 and 3:57, but the photo of the sign is timed 6 minutes later which suggests this sign was some significant distance from your car, and almost certainly not within sight of it.

Combined with your photo of the damaged sign, I think you have a compelling case. One thing I can't work out is where North Parade is, does anyone know where that might be?
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 19, 2023, 07:55:50 pm
HV69FTN thanks
Title: Re: Council PCN with blue badge
Post by: John U.K. on September 19, 2023, 12:07:06 pm
Thank you - as in my car number plate??
Yes
Title: Re: Council PCN with blue badge
Post by: Cohlas on September 19, 2023, 11:07:22 am
Thank you - as in my car number plate??
Title: Re: Council PCN with blue badge
Post by: cp8759 on September 18, 2023, 11:17:38 pm
That suspension sign is no good as it's missing all the mandatory data, but firstly please give us the number plate so that we can check the council photos.

If it had been a properly signposted suspension your blue badge would not allow you to park there, but fortunately it was not a properly signposted suspension.
Title: Re: Council PCN with blue badge
Post by: Pastmybest on September 18, 2023, 08:32:18 pm
Yes it would seem there are a couple of reasons to challenge, that sign cannot mean anything and the barriers blocking some of the bays would give reason to believe it is those bays suspended

Post the back of the PCN and also reinstate your reg so we can check out all the council photos ( your reg is on show all the time so no need to hide it
Title: Council PCN with blue badge
Post by: Cohlas on September 18, 2023, 08:21:48 pm
Hi all

Ive successfully fought private PCNs in the past however yesterday I unexpectedly received a council one..


Took my mum out for her birthday.. she has terminal cancer and at the moment can't walk.. we couldn't get close to the venue as a car was getting clamped (city centre) so nearest I parked was attached.

I saw the parking suspension sign but this looked further up where bays were coned off. I thought it would be fine in a bay, especially with a valid blue badge. There was nowhere else to park near the venue.

Do I have any options to fight?

I thought blue badge allows any parking for 3 hours (even double yellows)

The suspension also does not state duration.

Thanks


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