Free Traffic Legal Advice

@Admiration well if the discount is not on offer then you might as well appeal, as you can't end up any worse off and you might win or the council might not contest the appeal.

I'll drop you a PM in case you'd like to be represented.

Quote from: Admiration on July 23, 2024, 09:59:55 pm

Thanks @cp8759. Are you suggesting that there are slim chances of the pcn getting cancelled? or I got it wrong?

I think you only get a fair chance at the Traffic Penalty Tribunal, but you can't appeal to the tribunal until you get a formal Notice of Rejection from the council.

Looks fine, I'd go with it.

Why does the NTO not use the correct contravention description?

To elaborate:

The PCN and NTO both give the following:

'Parked in a loading place during restricted hours without loading'

The mandated form is:

'Parked in a loading place or bay during restricted hours without loading.'

The authority are obligated to use the mandated version(The 2022 Charges Regulations and Annex B to the Secretary of State's Statutory Guidance refer). The authority must state why they have unilaterally chosen to depart from these grounds which prima facie is a procedural impropriety.

Thank you @cp8759.

That day, I went to a visa office on that street to submit some important documents that were required by the visa office. I had an appointment which I wanted to make in time. Before I parked, a driving instructors’ car was parked there. I waited for him to leave, as he indicated that he was leaving, before I parked my car there, believing it was a normal parking space similar to the other marked areas. I ensured that I skipped the yellow marked area for disabled parking and loading bay (I thought they were the same).

This was my 2nd visit only on that street and on first visit, I parked, paid for ticket, displayed it and picked my car after my appointment was finished. This time I did exactly the same. I did not even give it a second thought, as I checked the markings and a car was parked already there, and similar looking signs.

The signage and road markings were not clear, and I reasonably believed I was parking in a permitted area due to the similarity in the markings. It was an honest mistake by interpreting the signs and markings incorrectly.

I purchased and displayed a valid parking ticket for the entire duration of the stay, which indicate my intention to comply with parking regulations. I observed another vehicle parked in the same spot and assumed it was a legal parking space, and this contributed to my belief that it was permissible to park there (same as on the other side of the road, where I parked two weeks ago.

The lack of a clear distinction between the loading bay and the pay-and-display parking area also contributed to my confusion. If the council can improve the clarity of the signage and markings, this will prevent future misunderstandings for all the drivers.

I don’t what else to say, as I believed at the time of parking, that I was being a responsible citizen, adhering to the rules of the council, and paid correct parking charges, and displayed my ticket, as I always do.

I hope they understand my genuinely honest mistake and cancel this PCN.

Kind Regards

 

Quote from: cp8759 on July 14, 2024, 09:58:20 pm

@Admiration the notice to owner must, by law, demand the full penalty. However if you make a representation before midnight on 24 July, then if a notice of rejection is issued the discount should be reoffered for a further 14 days.

I don't have anything to add to the previous draft but for the sake of completeness, do you have any mitigating circumstances worth raising, especially anything unconnected to the contravention itself?

Quote from: Admiration on July 13, 2024, 08:45:06 pm

Thank you @Incandescent.

I am willing to respond. I need guidance on how I do it, and what are things I need to put in my appeal to get it right please.

Also, wanted to check if the communication from here onwards from council will be through email or a portal or they will send letters again, if you know, please?

Many Thanks

Quote from: Incandescent on July 12, 2024, 07:13:37 pm

You must respond to the Notice to Owner, because if you don't you lose all chance of appealing to the adjudicators.

The discount is normally only ever offered on the PCN, but many councils do re-offer it when refusing reps  against a Notice to Owner. Whether Bradford do you'll only find out when you submit representations. If you do, make sure you submit them within 14 days like a PCN.  Their refusal letter is tosh; there is no legal requirement for loading at the roadside to be continuous. Sone unloading requires several trips to and from the vehicle, which drivers usually lock to prevent theft.

Their portal is best, because you get a response on-line which you must keep carefully, (print it out as well).  Rejections to formal representations against a Notice to Owner must be in the form of a letter in the post.
If cp8759 is going to prepare some text for you, I'll stand aside at this point.

You must respond to the Notice to Owner, because if you don't you lose all chance of appealing to the adjudicators.

The discount is normally only ever offered on the PCN, but many councils do re-offer it when refusing reps  against a Notice to Owner. Whether Bradford do you'll only find out when you submit representations. If you do, make sure you submit them within 14 days like a PCN.  Their refusal letter is tosh; there is no legal requirement for loading at the roadside to be continuous. Sone unloading requires several trips to and from the vehicle, which drivers usually lock to prevent theft.