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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kim on October 06, 2023, 12:15:42 pm

Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: cp8759 on October 10, 2023, 10:29:44 pm
Draft representations:

Dear Cambridgeshire County Council,

I challenge liability for PCN YA08032315 on the grounds that the alleged contravention did not occur. At the material time, my vehicle was not parked on Staffordshire Gardens, rather my vehicle was parked on a road known as Ashley Court. It follows that the contravention alleged did not occur.

Yours faithfully,

And for the other one:

Dear Cambridgeshire County Council,

I challenge liability for PCN YA0806391A on the grounds that the alleged contravention did not occur. At the material time, my vehicle was not parked on Staffordshire Gardens, rather my vehicle was parked on a road known as Amblecote. It follows that the contravention alleged did not occur.

Yours faithfully,

Of course I'd expect them to reject, but this is just the opening salvo.
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Kim on October 09, 2023, 09:48:38 am
Thank you so much for you help!

I got the back photo for one but sadly can’t find the very first one around the house I’ll have to take a better look on the papers.


Ill upload this one while I search for it.

[attachment deleted by admin]
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: cp8759 on October 08, 2023, 10:35:17 pm
The first point we must explain is that, no matter how frustrating it might be, nothing you say in your opening post is a defence in law. Lack of parking (no matter the cause) is never a valid reason for parking where you are not entitled to, no matter how compelling the reasons. Even if parking legally would mean having to walk half an hour back home, as far as the letter of the law is concerned that's just tough.

Really it sounds to me like you should raise the issues with your local councillor, that's their job after all: https://writetothem.com/

Now that we've got that out of the way, let's look at legal grounds to challenge the PCNs.

YA08032315:

These are the CEO's photos:

(https://i.imgur.com/DREcU6e.jpg)

(https://i.imgur.com/abDsdd9.jpg)

(https://i.imgur.com/xZ5aaQY.jpg)

(https://i.imgur.com/2b0SS5F.jpg)

(https://i.imgur.com/Pn9Tyu8.jpg)

(https://i.imgur.com/BZphxTQ.jpg)

The location is here https://maps.app.goo.gl/TY8BmNMdYg2VQE1t5 and  the location seems to be Ashley Court rather than Staffordshire Gardens, so that's a basis to challenge that.

Another issue is that that the map tiles (see page 114 referenced below) say it's "Residents permit holders parking place (Petersfield)", but the signs say "Staffordshire".

YA0806391A

This one might be tricker, according to page 114 of the map tiles (https://drive.google.com/uc?id=1uKgozxamFo5RmWzU4G0tOWsdVpxzULHz), there is indeed a waiting restriction at this location.

Photos:

(https://i.imgur.com/eOZvIOI.jpg)

(https://i.imgur.com/JtDfg9A.jpg)

(https://i.imgur.com/7drlhXU.jpg)

(https://i.imgur.com/jcsB71g.jpg)

(https://i.imgur.com/q77XdsF.jpg)

The traffic order is The City of Cambridge (Civil Enforcement Area) (Waiting Restrictions and Street Parking Places) Order 2022 (https://drive.google.com/uc?id=1BS4sqQQLSDXuFpI-k0sNJcBce7BpRCKq).

Post the back of the PCN so that we can look for issues in the small print.

One issue might be that the car appears to be on Amblecote, which obviously is not Staffordshire Gardens, so the argument can be made that the allegation stated on the PCN did not occur (the fact that a contravention might have occurred on a nearby road is irrelevant).

There are off-street parking places very near to where you were parked, but they do not extend to where your car was. For completeness the off-street parking places order is The City of Cambridge (City Homes Off-Street Parking Places) (Consolidation) Order 2023 (https://www.cambridge.gov.uk/media/11776/the-city-of-cambridge-city-homes-off-street-parking-places-consolidation-order-2023.pdf) and the map tiles for that order are here (https://www.cambridge.gov.uk/media/11777/the-city-of-cambridge-city-homes-off-street-parking-places-consolidation-plans-2023.pdf) (see page 3).

For now please upload the front of PCN YA08032315, and the back of at least one of them, and I'll draft a representation for both.
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Kim on October 07, 2023, 09:51:46 pm
Hopefully this is the necessary one

[attachment deleted by admin]
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: cp8759 on October 07, 2023, 05:20:35 pm
Quote from: Kim on October 07, 2023, 10:17:57 am
Hello apologies for the delay
No, when we say post the PCN, we're talking about the physical bit of paper you found attached to your car. Please do not redact anything.
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Kim on October 07, 2023, 10:17:57 am
Hello apologies for the delay

https://imageupload.io/FD2ujqTrn1rgKIT

https://imageupload.io/GWWY0YiNgckSjPX

[attachment deleted by admin]
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Incandescent on October 06, 2023, 11:51:40 pm
OP, can you please just post-up the PCNs please. People on here give their time willingly, but there are a lot of other deserving cases to look at without us having to find the website and then key in your PCN numbers. We also need to see the physical forms because fatal errors of content are often found on back or front.

 FWIW, I think you need to all get together and contact your councillors on the problem.
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: John U.K. on October 06, 2023, 09:02:44 pm
Quote from: Kim on October 06, 2023, 08:18:21 pm
I have included the PCN numbers on the post are they incorrect?


Have a read of this
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

There may be winning mistakes in the 'small print' of a PCN,
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Kim on October 06, 2023, 08:18:21 pm
I have included the PCN numbers on the post are they incorrect?
Title: Re: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Incandescent on October 06, 2023, 01:48:42 pm
Sorry, but you need to post the PCNs. The parking situation doesn't mean you can park on yellow lines, double or single. Your situation is the kind of thing you need to contact your councillor about if the council officials are being obdurate.
Title: Cambridge - 2 PCN due to scaffolding's works on buildings
Post by: Kim on October 06, 2023, 12:15:42 pm
This is my first time posting here. Currently, the residential area I inhabit is undergoing extensive renovation, encompassing the roof replacement of six buildings, involving the installation of scaffolding.

Naturally, we acknowledge the significance of these improvements to the buildings, and all residents were duly informed of the ongoing construction.

However, a predicament has arisen due to the removal of approximately six out of the 22 parking spaces designated for the three buildings that comprise both ground and first floors. This has posed considerable challenges, given the substantial number of vehicles relying on these parking spots.

I received my initial Penalty Charge Notice (PCN) this morning, with reference number YA08032315. The issue at hand pertains to a truck blocking all available parking spaces, which were already occupied. Given the circumstances, I had no alternative but to park in the nearest available spot, a course of action that several others have also been compelled to undertake. Subsequently, I received a parking ticket after a mere 30 minutes. I contested the ticket once, but it appears the council remains unresponsive and attributes the issue to the ongoing construction activities.

Additionally, I contacted the person in charge at Foster Construction Company, but regrettably, they too have displayed indifference towards the concerns expressed. Many residents are now directing their complaints towards both the construction company and its CEO, who is responsible for issuing such tickets.


Current situation on that day:

https://postimg.cc/gallery/Rn4QgP1

My second PCN, bearing reference number YA0806391A, raises an absurd issue. Parked cars have consistently occupied these spaces for weeks due to the construction work, and no tickets have been issued during this time. Curiously, the report claims that I was parked elsewhere on Staffordshire Gardens, which is on the opposite side of the road.