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Messages - habanero

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Civil penalty charge notices (Councils, TFL and so on) / Re: Neath Council - Code 30 (Parked longer than permitted) - St. David's Street
« on: August 14, 2023, 10:53:46 pm »
Quote from: Incandescent on August 14, 2023, 09:37:29 pm
Well done, congrats ! So they don't all have hearts of stone in Neath !

Thank you. And apparently not! I was pleasantly surprised at the outcome.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Neath Council - Code 30 (Parked longer than permitted) - St. David's Street
« on: August 14, 2023, 07:40:11 pm »
Good news - the PCN has been cancelled :)

My informal appeal:

"Dear Neath Port Talbot Council,

I am writing to informally challenge this PCN.

The vehicle was parked in an on-street parking bay with a permitted parking time limit of 30 minutes. The PCN was issued for an overstay of 1 minute. Enforcement should be sensitive, fair and proportionate - I believe this is not the case in this instance as the driver received a PCN for returning to the vehicle 60 seconds after the expiry of a period of permitted parking.

I would like to kindly mention that guidance recommends a 5-minute observation period to check for exempt activity in relation to parking in a free bay with a permitted parking period. The PCN states the time that the vehicle was first observed, but it does not state the time the vehicle was last observed at the end of the observation period.

I hope you will consider the very close proximity of the timings and absence of the time the vehicle was observed at the end of the observation period as grounds for cancellation. Please kindly exercise discretion and cancel the PCN on the basis of de minimis (triviality - close proximity in timings). I look forward to your reply.

Yours faithfully,"


The council's response:

"I refer to the representations made by you in connection with the issue of the above Penalty Charge Notice (PCN).

I have noted the points raised in your communication.

I would advise you that all limited waiting spaces would usually have a 5 minute allowance after expiry of time. I can confirm that this Penalty charge notice has been issue incorrectly and we will remind the officers to check before issuing the notice.

I am sure you will be pleased to know that your representations have been accepted on this occasion and the PCN has been cancelled. I apologise for any inconvenience caused."


Thank you very much for your support!

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Civil penalty charge notices (Councils, TFL and so on) / Re: Neath Council - Code 30 (Parked longer than permitted) - St. David's Street
« on: August 12, 2023, 04:18:46 pm »
Quote from: Ugly duckling on August 12, 2023, 03:01:28 pm
You can dispense with 'the driver' if it's you. This is owner liability and if you were the driver then your evidence is first-hand and any reps submitted would carry more conviction.

Noted. I was erring on the side of caution.

Quote from: Ugly duckling on August 12, 2023, 03:01:28 pm
As stated, there's no 'grace' period of 10 minutes in Wales and as far as the evidence is concerned and irrespective of when you parked 14.37-15.08 is more than 30 minutes.

I understand that the period parked is more than 30 minutes, but I hoped the PCN could be rendered invalid due to a fatal flaw.

Quote from: Ugly duckling on August 12, 2023, 03:01:28 pm
As suggested, asking them to accept that the contravention was de minimis and that they should exercise discretion would seem to be your best bet. Don't risk antagonising them by reference to valve positions unless you know the vehicle was not parked as alleged, in which case it's 'contravention did not occur' but you'd need evidence.

I will submit an informal appeal today asking for the PCN to be dismissed on the principle of de minimis.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Neath Council - Code 30 (Parked longer than permitted) - St. David's Street
« on: August 11, 2023, 06:59:45 pm »
Anyone? Would be grateful for any support you can provide.

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Civil penalty charge notices (Councils, TFL and so on) / Neath Council - Code 30 (Parked longer than permitted) - St. David's Street
« on: August 09, 2023, 10:47:56 pm »
Hi, all. The driver received a PCN for overstaying by 1 minute in a parking bay with a permitted parking time of 30 minutes. Enforcement should be sensitive, fair and proportionate. This is not the case as the driver received a PCN moments after the expiry of the permitted parking period. The PCN states a time first observed, but no time last observed - what about the 5-minute observation period?  Would the civil enforcement officer needed to have recorded the wheel valve positions? Any help would be greatly appreciated. Thank you.

Google Maps Street View link: https://goo.gl/maps/tYG1BUnM3s2wUKdA9

PCN:

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