Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - IntegrateDu+C

Pages: [1] 2
1
Thank you HCA, before I submit my final comments and evidence to the council is there anything else I should add? Let me know guys.

2
Hello guys, just wondering if you have had a look into the evidence and if there is anything I can do to dispute their evidence before the court hearing. Thank you.

3
Certainly I can provide this,
https://scts-production-eu-west-1.s3-eu-west-1.amazonaws.com/production/uploads/attachment/source/1a8b13e6-b059-4cc9-9354-6a06e0600121/Signage.pdf?X-Amz-Expires=600&X-Amz-Date=20240824T184944Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIAWMK4S55LXX4EB32K/20240824/eu-west-1/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=d3275f752ee8cd0898000ae6bc31c63d63e558490918b02214db94355f7fdcb2
Under the signs the comment says, "Photographs. Example of the signs erected on 22/06/2024 advising of the Event at Hampden on Fri 28th & sat 29th June 2pm-midnight". Very general and no mention of which one was at Carmunnock street.

https://scts-production-eu-west-1.s3-eu-west-1.amazonaws.com/production/uploads/attachment/source/f8d43570-dca9-4f14-b1ba-6e0046064d44/Images.pdf?X-Amz-Expires=600&X-Amz-Date=20240824T185745Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIAWMK4S55LXX4EB32K/20240824/eu-west-1/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=d3da88c411429e608a7bc9140003c897ebb91c6078b8539dc44de9ecdb984e6b
Under this one it says, "Photographs of Appellant's vehicle which shows the Penalty Charge Notice placed under the windscreen wiper. The removal of a Penalty Charge Notice from a vehicle by an unauthorised person does not invalidate the charge. Photograph no. 2 is of the informative plate situated at the vehicle advising motorists of the event on Fri 28th & Sat 29th June 2pm-midnight." Again essentially repeating the notice of rejection.

https://tro.transportappeals.scot/TRO/Glasgow%20City%20Council/20122f14-Hampden-Park-Emergency-Route.pdf
Under this, it says: "Refer to Schedule 1, Carmunnock Road, Item 1 of the attached Order."

https://scts-production-eu-west-1.s3-eu-west-1.amazonaws.com/production/uploads/attachment/source/d957f6a0-7785-4acf-9705-8f1051e0cb4a/Authorisation.pdf?X-Amz-Expires=600&X-Amz-Date=20240824T190926Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIAWMK4S55LXX4EB32K/20240824/eu-west-1/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=548c0a3b98af97b5aa24b08568e0b31c87caec6bbd704121ffc08ed9c52dd15b
The comment for this mentions, "Authorisation of Traffic Signs Hampden Park-Traffic Management Scheme Restricted Permit Zone Without Yellow Road Markings.
Page1. Point 2. states "that markings to diagram number 1017, 1018.1, 1019 and 1020.1 of the Traffic Signs Regulations 2002 need not be used in conjunction with the authorised signs."

4
Hello all, hope you are well. UPDATE FROM COUNCIL, THEY HAVE NOW UPLOADED ALL THEIR EVIDENCE. Feel free to scrutinise every detail, as I can add these comments on to the case. The next step is for an outcome to be decided with or without a hearing and I have to make this choice by the 30/08/2024. There is a lot of evidence I know but let's break it down and stick to the key points guys and decide the next steps forward. The council have added comments to some of the evidence they have provided and I can share with you these if required. Thank you.

https://imgur.com/a/DxkWoak

5
Appeal submitted lets hope for the best. Thanks for your help guys and I will keep you guys updated.

6
Yes I agree with all your points made. After all, this is not just about this being an "emergency route" as the council like to call it for hampden park events, dare I say it a way to make money from event-goers. Now onto HCA's point do you agree that the contravention cannot occur if it is not a part of the event zone regardless of the event dates and timing on the no loading signage?

7
I now completely understand what you are getting at. I have been there at least a couple of times and you are right there is no permit zone entry signs except for that side street you can see on GSV. Now what makes it interesting is that I didn't know that if there is no entry signs prohibiting loading the event dates prohibiting loading don't apply regardless. Perhaps, Incandescent can share his view on this. I also do agree with Incandescent's point about sufficent notice, it is clearly a legal obligation of the council to do this so maybe I could include both but HCA if you could back this up it would help to come to some sort of conclusion as to what to make the appeal as you do not like the current approach...

8
Hello thanks for your input. I know that you and Incandescent are both far more knowledgeable on me in this subject. So the question is if I am to refer this to independent adjudicator what should be my main reasoning for cancelling the PCN. Is it the lack of notice on the signage or the no loading blips or both? And how may I draft this in writing to the adjudicator? Thanks to you both.

9
Hello sorry for the delay in reply,
This is what I have drafted so far to the adjudicator, please let me know about any corrections that could be made, thanks.
I deny liability for the above PCN penalty on the basis that the contravention did not occur for the following reasons:
I have received a PCN while parked in a "no waiting or loading" restriction on the 28th of June 2024 at 17:07 on  Carmunnock road. The date and times of the next event was not provided on the sign for the single yellow line concerned. I therefore require full proof of when the event days and timings of the restrictions were added to the signage.  When I had parked, I did not see any details on the sign of these restrictions.  These events are known many months in advance so the signage should be updated in a similar time scale.  Many councils in London with similar event zones record when the signs are updated, however when I made representations against Glasgow city council for this, they said the signage was updated "prior to the event". There is no indication if the event signage was updated the day of, the day before or at a minimum a few days before the event. When asked about exactly when the signage was updated, the council have failed to provide adequate information(date and time) regarding this. Outside the hours when an event is taking place, parking is totally unrestricted, so a person could park for several days, therefore as soon as a future event date is decided, the council have a duty to post the date on the sign, so that people can work out, when parking, how long they can park for. Again it is important to note that these events are known for quite some time but the signage is not being updated with sufficient notice. Glasgow City Council are under a legal and, indeed, moral obligation to give prior notice of the event days restriction; but have failed to do this. The council cannot rely on any information about the event online it must be on the sign as is required by law.

I also want to complain that on both occasions when I received a Notice to Owner, without finding the PCN on the vehicle( possibly due to removal by an individual), and submitted a representation, the council demanded payment of the full penalty, and did not give the option to pay the discounted amount even though the circumstances were clearly explained in my representations. I find this wholly unfair as I was not aware of the PCN being served till receiving a notice to owner a month later making me pay the full amount without giving me the option to pay the discounted amount within 14 days.

In view of the above points, I demand that the PCN be cancelled forthwith, and that Glasgow City Council cease enforcement until they have investigated why event day information is not being provided on the sign with sufficient notice, and have corrected their process for its provision.

10
Right I will aim to get an appeal drafted by tomorrow and post this to this forum. You raise an interesting point as London councils now record when event zone signs are updated, Glasgow should have done the same at least that way they can prove that they are abiding by the law in regards to the signage. I will pursue evidence of this from the council on the appeal to the adjudicator.

11
Yes I will go ahead and make an appeal to the independent adjudicator. Would you like me to submit a draft to this forum before submitting? If so, should the appeal be similar to the representation I made to the council but with an emphasis on the lack of date and time of the event on the signage? For example still including this detail as well, "No PCN served to the vehicle.
No PCN was found on the vehicle therefore I require that if you decline these representations that you provide full proof that a PCN was served to the vehicle.  This is the second time a notice to owner has arrived for a PCN at the same location, when no PCN was found on the vehicle." Thanks for your help.

12
Hello, there was dates on the sign(link attached) but the problem is they have not provided the date when they added this to the sign, rather in their notice of rejection they say it was "prior to the event" this could be the the morning of or the day before the event(not giving sufficient legal notice) but they have not explicitly mentioned this. https://imgur.com/a/AjnADJI

13
COUNCIL UPDATE
Hello this is an update from the council. They have issued a notice of rejection to the representations made against them basically saying the signs were "erected prior to the event" and repeating "the removal of a Penalty Charge Notice does not invalidate the charge" and they are not able to offer me the discounted amount. I have attached the letter in this post for you to have a read. I can now either pay the full amount of £60 or appeal to independent parking and bus lanes adjudicator.https://imgur.com/a/udlqPEp

14
Yes I like this a lot. I felt as well that I was quite restrained in my response so being direct in your demands from the council is the right way forward. I will now submit this appeal to the council and keep you updated on any responses. Thank you for your help.

15
This is what I have drafted, please feel free to let me know if there is anything to change or add.
Dear Sir/Madam
Subject: Penalty Charge Notice
Reference: GP9637581A 28/06/2024
I write to you in respect of the above Penalty Charge Notice issued to my vehicle which was issued for the alleged reason (waiting, loading or unloading when prohibited).
I wish to appeal it as the contravention did not occur for the following reasons:
No PCN served to the vehicle as no PCN was found on the vehicle and not giving sufficient notice of event days on signage. I require full proof that a PCN was served to the vehicle, as this is the second time a notice to owner has arrived for a PCN at the same location when no PCN was found on the vehicle. I also require proof as in date and time of when the event days and timings of the restrictions were added to the signage as when I had parked, I did not see the signage of the event days and time of restriction, so I require full evidence that Glasgow City Council are doing their legal obligation and giving a least a couple of days prior notice of the event days restriction.  I also want to make clear that on both occasions you have not allowed me to pay the discounted sum, rather I am finding out about the contravention through a NtO letter a month later and being required to pay the full amount, this is causing me a lot of financial and emotional stress as I am struggling to keep within my means and now being forced to pay the full amount of the PCN when not being aware that a PCN has actually been served to the vehicle. This is diminished responsibility from the council and must do better to ensure the registered owner is aware of their contravention being served to their vehicle on the day of the alleged contravention to not allow repeat PCN’s being served to the vehicle for the same restriction.
I look forward to hearing back from you.
Yours faithfully

Pages: [1] 2