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Messages - steamingbanana

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1
@cp8759

Hi, sent you a PM on this thread. Thank you.

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I covered up some personal info and it slightly covered the wording on page 4 - so I have shown that separately in case the wording was crucial.

Many thanks

3
Got my rejection email from East Herts. I will get around to uploading the letter to here - but it is probably as you expect.
So - I guess the next stage is to take it to tribunal

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Hi

@cp8759

I followed the online link - and it seemed like the online form was identical to the "appeal process" prior to receiving the NTO. The possible reasons for "appeal" (it didn't even mention the word "representation" which the NTO letter clearly does) did not include "The alleged contravention did not occur" - even though again this is listed on the NTO letter.

It's almost like they haven't provided me with the correct link.

I clicked on "any other reason" - which then takes me to a text box - and I copied and pasted your text - and it was too many characters.

Think I will either need to email it - or maybe try to save as a document and upload.

Thanks for your help so far though - apologies for delay - I was unwell and have only just got back to doing things that need to be done!

EDIT: Sorry - I have just re-read your previous post where you had clearly picked up on the fact that the website did not have the correct reasons for appeal (or at least the link they provided).
So I guess it is just a case of uploading it as an attachment then? (rather than email option)

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For completeness - this was the detail of my original "appeal" against the PCN.




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Thanks for the response - There seems to be some agreement within Hertfordshire that the County are effectively the overall controller but they let the districts do the donkey work incl the enforcement.
I'm not sure I could really appeal to the tribunal based on some minor typos of their Council name.

I'm not sure I do have much chance - but it is hugely frustrating that it clearly appears to be unclear signage - given my very minimal evidence of going back a week later and seeing a whole street of ticketed cars - I cannot really believe all the users of Hertford Town centre are that desperate to "take a chance on free parking" - so as per me, they clearly missed the fairly minimal signage of a "part time" taxi rank - and the clear disparity (difference) to every other taxi Rank in Hertford at present or in the past!

Anyone else have any ideas of whether it's work me taking it to tribunal?

Thanks.

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After nearly two months - the response to my appeal came back - and disappointingly my PCN has not been cancelled - there wasn't really much details as to why it wasn't cancelled - just reiteration of where I parked and my responsibility as a motorist to check all signs.

"I have investigated the circumstances raised in your correspondence and have made the decision to not cancel your notice. The reasons for my decision are set out below, along with the options available to you at this stage.
The bay in which you parked operates as a taxi rank Friday and Saturday 6pm – 8am. This is stated on the sign. At other times the bay offers limited parking. As the bay has a dual restriction, there is no requirement to mark the carriageway with the words ‘taxi bay’, motorists must rely upon the sign adjacent to the bay in use.
The Restricted Parking Zone is indicated as required by the Department of Transport and stipulated in the Traffic Signs Regulations and General Directions. Local Authorities are required to adhere to these Regulations when signing on-street parking restrictions."

So I guess now it's a case of paying up?

Or do I take to tribunal - with a beefed up defence from the similar case to mine (also on this forum) which was defeated at tribunal?

I do feel that the fact that when I returned a week later and there were so many cars with PCNs on the same street/within the same taxi rank does make me believe that the signage is inadequate or the council are misleading/trapping motorists into getting PCNs.

Any help much appreciated.

Thanks

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Hi - just bumping this requesting final wording for any appeal please.

Is it just a case of putting words together along the lines of the "said contravention" did not occur as the space has not been correctly regulated?

Sorry - don't know the full procedure. I didn't want to make it too much "layman speak" if what is required is "technical".

Many thanks

11
I found this from a neighbouring Hertfordshire Council - Dacorum - it's from 2019 but I guess it is still relevant -

https://democracy.dacorum.gov.uk/ieDecisionDetails.aspx?ID=1325

Of particular interest:

equired procedure for creation of new taxi ranks



There are two procedures that need to be followed to effectively create new taxi ranks. The use of a Traffic Regulation Order under the provisions of the Road Traffic Act 1984, ss32-37, establishes restrictions to who can use the location, preventing other vehicles from parking in the ranks, and giving the Council the ability to take enforcement action when this happens. This is the most significant part of the overall process. Project Centre has been approached for a quote in regards to this process, and their proposal document is attached.



In addition to this there is a set process under the Local Government (Miscellaneous Provisions) Act 1976, s63 which gives the Licensing Authority control over the stand, allowing enforcement to take place against misuse of the rank. Before appointing any stand for hackney carriages, the Council must give notice to the police and must also arrange a public notice of the proposal to appear in the local newspaper if any written objections or representations are received within twenty-eight days of the notice, these have to be taken into consideration.



So - what we're saying here is that there is no evidence that East Herts Council have done the second bit?
Is all that is required from that the "notification" in the local press? If so - then it might be that the did do this?
Whether I could find it or not is doubtful?

I found this:

https://publicnoticeportal.uk/notice/traffic-and-roads/654b6b6bfb9e9390728cc587

This also confirms that this was a change to make the temporary arrangements in place since May 2022 permanent

I read something within those temporary arrangements that this so called taxi rank I parked in was intended as a "waiting area for taxis before joining the taxi rank (Which I included GSV links to previously)" - this taxi rank is out of view of the "waiting area" - but a paper from the local town council showed that "Taxi Marshalls" were present - so presumably to alert taxi drivers that they can join the rank around the corner - if said Taxi Marshalls were present when I parked - I may have bee pre-warned.

Anyway - it's getting late - but many thanks to you all for your help.




12
I had a read of the Parking Order kindly posted - assuming this is the correct order - and it does seem to be - it does seem strange that the wording of the order doesn't match the restrictions shown on the sign.

"Taxi clearways in Fore Street – effective 6:00pm to 8:00am Monday to Saturday inclusive."

Whereas the sign only shows "no waiting except taxis on Fri and Sat nights"

a more detailed description is at sec 7.(2) on page 11 -

Taxi Clearways as identified and shown on the Restricted Parking Zone plan and detailed
in the key to that plan as taxi clearways may be used for the stopping and waiting of taxis
during the hours of 6:00pm to 8:00am Monday to Saturday inclusive for the purpose of
plying for hire and dropping off or picking up of passengers.


All in all - if EHC have indeed used the wrong act for a "Taxi clearway" or "taxi rank" - would someone offer some guidance as to the wording of my appeal of the PCN please?

Many thanks

13
these are the taxi ranks and loading bay just around the corner from my "bay" - for reference as to how I expect a bay to be marked - so the "inconsistent" marking in my bay is what led me to not fully understand it may have had parking restrictions.

https://maps.app.goo.gl/XbrQkef2nMzyNxKX7

https://maps.app.goo.gl/nFVq8mnQUsEhfUAT6


14
Hello everybody. Firstly, I want to thank the experts on here for all the info included in the last 8 posts or so.
I didn't know I could search for the CEO pictures from my PCN details.

In terms of "real photos" - I can only apologise I didn't - and that I did indeed "refer" to the GSV pics as well as the pics from the "similar case" from Oct 2023. I had not had the time to revisit the scene since the date of the PCN (Fri 20th).

So to answer other questions:

Why did I park there?

As I stated in my rather rambling opening post - I have lived locally for many years - albeit I haven't visited the town centre much in the last 5 years or so - I knew that during Covid major temporary changes were made with regard to social distancing for pedewstrians - so all park zones became extended pavements - but I assumed that post-Covid things had returned to "normal" (pre Covid) and the space I parked in always used to be limited stay (30 mins) during the day and then "unlimited during the evening". In addition, I have become accustomed to the "normal" markings that the local Council have for loading bays/disabled bays (both with Painted signs on road alongside the markings) - and taxi ranks being yellow painted lines and yellow painted words on the road) - I parked for around 20 minutes - and when I returned - I was "dumbfounded" as to why I had even got a PCN. I didn't have the foresight there and then to take any photos - especially as a doorman in the pub opposite warned me if I stayed any longer the CEOs would come around again and ticket me again (I had removed the PCN from my windscreen to read it). As it happens - they did reappear within seconds of that warning. I did "ask" where the taxi rank was and they walked off and ignored me.

So - I'm not sure how relevant the following is given the expert posts posted above - but here goes. I did revisit the scene again last night - exactly a week after my PCN - I had to park quite a way away - and as I approached on foot I saw a CEO issuing a ticket - by the time I arrived they had gone - but there were six cars with PCNs - five of them parked in "my" bay - and one on the other side of the road.
In addition - there were temporary signs attached to the posts on the pavement - small signs - not much bigger than A4 size - warning of gulley cleaning and no parking regardless of what the signs allowed!!

I took photos of all the PCNs issue - as well as some of the signs - I also confirmed that yes there is now a single yellow line marked in the bay - and going back to the answer to "why I parked there" - again I was ignorant of the road markings -

I meant to take photos of how the council do mark Loading Bays and taxi ranks - but I forgot to walk around that way - I'll try to link to GSV (hopefully they have not changed!) - but it's probably irrelevant anyway - because this was a "shared bay" - so in theory the rules do allow the council to use simple white markings and no writing on the road - despite the fact that the % of time that it is "free parking" is probably less than 50% of the week - hey ho.

If any of these photos are irrelevant and clogging up the forum - I'm happy if an admin deletes them - if that is possible.

My only point is that it seems obvious that the bay is "misleading" if it generates so many PCNs - and regardless of the outcome of my case, I am intending sending an FOI to EHC requesting info as to how many PCNs have been issued since they changed the use of the bay. Be interesting reading.














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Thank you. But I am concerned that the previous very similar case failed at tribunal with the adjudicator seemingly happen that the markets were ok.

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