Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sophstud on October 15, 2023, 11:46:25 am

Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: cp8759 on October 31, 2023, 12:12:50 am

For later if needed:

The Tameside Metropolitan Borough (Various Locations, Tameside) (Taxi Rank) Order 2007 (https://drive.google.com/uc?id=1rZYlakmuig-dxR99a9GPUU2_7y5OurQf)
The Tameside Metropolitan Borough (Old Street, Ashton-Under-Lyne) (Prohibition of Waiting & Loading and Taxi Rank) Order 2008 (https://drive.google.com/uc?id=1Ua6xm6pcc1677bHu4tqhvMU2aBdrNRWJ)
The Tameside Metropolitan Borough (Cavendish Street, Cotton Street East & Old Street, Ashton-Under-Lyne) (Prohibition of Waiting & Loading) Order 2011 (https://drive.google.com/uc?id=1GyjaT2ioyNVHAx_T6n8AtOs_NtxWNZqM)
The Tameside Metropolitan Borough (Stamford Street Area, Ashton-Under-Lyne) (Prohibition of Waiting and Loading and Restriction of Waiting and Loading Only) Order 2013 (https://drive.google.com/uc?id=1HuTz0d1yTXhqpcWDvblPLzOJ9kPi4cX_)
The Tameside Metropolitain Borough Council (St Petersfield Area, Ashton Under Lyne) (Prohibition of Waiting & Loading Only) Order 2013 (https://drive.google.com/uc?id=1ZZWlTIsMX05Vk97imXB7md6bQ5pJqtai)
The Tameside Metropolitan Borough (Ashton Town Centre, Ashton Under Lyne) (Controlled Parking Zone) Order 2014 (https://drive.google.com/uc?id=18pO0N4BUbC5VXpZ67XAGrlCoCGOqOoRA)
The Tameside Metropolitan Borough (St. Petersfield Area, Ashton Under Lyne) (Prohibition of Waiting) (Part 1) Order 2015 (https://drive.google.com/uc?id=1Ac7z_vRSPeEGGNNXfSV2bfCPDEL9Yodz)
The Tameside Metropolitan Borough (Stamford Street Area, Ashton Under Lyne) (Restriction of Waiting) Order 2019 (https://drive.google.com/uc?id=1TkF9n9xGUOJvhGOVhbpXcUCX6IJdgoUt)

Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: cp8759 on October 17, 2023, 12:15:27 am

I would recommend you go with DandingDad's draft for now, for this sort of contravention non-London authorities often show a remarkable amount of common sense.

If they play hardball, there is a premium rate number on the back of the PCN which can be used as we did in Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022) (https://drive.google.com/uc?id=11TEzgfHFInCTo-JTFFtWJ8pbIXnMvJCd), but that sort of argument should only be deployed at a later stage.

Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: sophstud on October 15, 2023, 05:27:12 pm

OOHHH my bad...
hugs and kisses  ;)

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Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: DancingDad on October 15, 2023, 04:33:48 pm

If you are on the last day for keeping the discount .... we need a readable copy of the PCN...both sides !!!

Send this:-
Dear Sirs
Ref PCN ???
I must apologise for this and ask that you exercise your discretion in cancelling the PCN.
As your CEO photos will no doubt show, I did not display the time clock.
This was because I had mislaid it though I have since found it and will not repeat this error.
I did however write my arrival time on a piece of paper by my Blue Badge, hoping that this would suffice.
There was no attempt to ignore the yellow line restrictions nor gain by improper use of the badge, simply an attempt to comply with the spirit of the law if not the exact letter.
I attach a copy of my Blue Badge for your records.
Many thanks in anticipation
Hugs and Kisses

Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: sophstud on October 15, 2023, 01:28:33 pm

but this is my pic


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Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: sophstud on October 15, 2023, 01:22:39 pm

yes this is the road. parked on the right hand side. PCN number is TM04575345 'PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS'

I only have today to appeal it so would appreciate some help with a template if poss.

there are no pictures available

Title: Re: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: DancingDad on October 15, 2023, 12:06:51 pm

You found us then  :)

From PPP, somewhere here?
https://maps.app.goo.gl/kEHCxSoVqPJYCmwv5

We are going to need to see the PCN and if you can track them down any council photos.
Don't redact anything on the PCN

Basic is that yellow lines require both the BB and the time clock set.
But how the traffic order is worded may give some leeway on the clock... to find that we need the PCN

A plea for discretion may be only option but give us the info so we can check

Title: council gave me a ticket on double yellows - lost clock so wrote the time down
Post by: sophstud on October 15, 2023, 11:46:25 am

hi after some help please and hopefully a template link

i was parked on double yellows - literally gone 5 mins before i got a ticket. i had lost my wheel clock for my blue badge (found now) so wrote down the time i arrived and got a ticket. my argument will be just because i couldn't find my wheel didn't make me any less disabled when I needed to use my car!

If anyone has any experience about this, It would be great to hear from you

thanks!