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Messages - D D

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1
Doesn’t seem like their is much movement on this pcn :/
'tincombe' has explained the situation. If you don't pay the PCN, your employer will get the Notice to Owner. If you don't want them to find out about your van being at the location where the PCN was served, then you have to pay the PCN. Simple.

I’ll suck this one up.
Thank to all who contributed to this one.
 :)

2
Doesn’t seem like their is much movement on this pcn :/

3
I look forward to other input on this sticky situation  :-\

4
Yeah that would have been an advantage. They allow me to use it for private use but I’d rather they not know I’m doing out of work jobs just incase it’s frowned upon ;)

I have asked whether it’s leased or owned. It is infact owned by the company.

What’s your thoughts on direction with challenging?

5
Often companies lease vehicles, so you need to check this out. Your first post stated 'your personal vehicle' so I'm still unclear.

As regards the contravention, as I posted IMO your reps were thin as this is alluded to in the council's response.

Was the delivery undertaken on behalf of your employer by way of their business or were you operating in a personal capacity but merely using a vehicle loaned to you by your employer?

So to be clear this is a car that’s part of my work package. I was doing a private job for someone I know using their vehicle and not my own.

6
Are you the registered keeper of the vehicle and are your DVLA details current? I ask because the next formal stage is for the registered keeper to be issued with a Notice to Owner, and if this isn't you e.g. it's leased etc, then this can introduce complexities.

Your reps were thin but we can look at this later if you decide to reject the council's offer.

This car is owned by my employer as far as I’m aware. It’s a family run Limited company so it’s easy for me to communicate with them regarding the car if this helps.

7
Good morning,
Unfortunately not as I pay a friend to do it at the weekend for me out of his normal working hours. The only thing I have is a receipt for parts that i ordered from a supplier.

Location is, https://maps.app.goo.gl/dsn7ufzzzSQsSyZu9

Here’s the sign from my angle of approaching the area
https://photobucket.com/share/411ec0cd-0599-4350-9110-c7f6d451d0b7

8
https://photobucket.com/share/33b71ba3-b51f-4fb2-833c-5bb4f85782ea

Hopefully the links work this one above is of them images bundled. I did try with the sites recommended imgpile but it flagged up my images as spam and wouldn’t share.

9
I had to drop some equipment and tools off at Rathbone Place at the weekend for a job. My van was in for maintenance work and I used my personal car that day. There was no access to the front entrance due to road closure on Rathbone street which is a one way street to the front entrance of building. I circled the area and could only find this loading bay which is written on the road (the sign is facing the other way stating use see image).
I took one of the heavy items and on my return a pcn was placed on the screen. I spoke to the officer and he even understood and said make an appeal if you’re not a regular offender you will be let off.
Due to the circumstances I thought I had a solid case so appealed with the following and the response from COW is attached. When doing the appeal it would only allow me to add one picture which I used the one of the vehicle with the sign and officer in view.

I'm writing to appeal the Penalty Charge Notice issued today, the 7th of March, at 11:32 AM. I arrived at 11:27 AM to unload necessary equipment for a resident at Rathbone Place. I was unable to access the main concierge entrance due to roadworks, specifically the resurfacing of Rathbone Street, which completely closed access. Furthermore, the signage was not clearly visible due to its orientation to my direction of travel, and I relied on the white line markings on the road indicating 'loading only'. Also, my 'work van' was being repaired. I have attached photographic evidence to support my situation. I would be grateful if you could consider these mitigating circumstances and cancel the PCN. Thank you.

https://photobucket.com/share/ef9834b1-b1f4-41cd-9bbb-dc686d3edc4c

https://photobucket.com/share/26431307-07de-4fcf-a657-35c12d62b4d7

https://photobucket.com/share/6b128755-a67f-4145-968d-ed787f6c55b1

https://photobucket.com/share/23b500fd-7552-4e57-957f-91c20951d677

10
Can you give us the TPT Case Number please. We can then download it and keep it.

Certainly it’s Case Ref MC00642-2409

11
Reporting back with success  :D

Unfortunately I was late to accept a hearing it automatically went to an adjudicator.

I added some additional comments and pictures of the sign being incorrectly installed. Not being parallel with Oxford Street. It infact sits at a 45Deg angle which is misleading making on coming motorists believe the restriction is on Hulme street which is what it did in my case and made me hesitant to proceed hence turning down the bus restriction road.

Adjudicator's reasons,

It is the Authority’s case that the Appellant’s vehicle was in a bus lane on Oxford Road on 13 May 2024. They rely in evidence on CCTV footage, which opens with the vehicle on Oxford Road, having emerged from Charles Street. It looks as though it was intending to proceed across the junction into Hulme Street, but it then makes a late left turn and proceeds into the bus lane. The Authority also rely on a collection of photographs of the location, showing the relevant signage, which is dated 10 May 2024. I note that there is an advance warning sign on Charles Street prior to the junction and then there are two prohibition signs on Oxford Road. The one on the Charles Street side faces directly ahead and so on approaching the junction along Charles Street it would be side on and not clearly visible. The sign on the opposite side of Oxford Road is angled such that it would be visible from Charles Street, but it is on the corner at the entrance to Hulme Street.

It is the Appellant’s case that the positioning of the latter sign is misleading because it indicates that the restriction applies to Hulme Street. Having regard to the CCTV footage, I am satisfied that the Appellant was misled by the positioning of this sign. I take the view that the positioning of this sign was potentially misleading, it being so close to the entrance to Hulme Street such that it could have been interpreted as applying to Hulme Street. Accordingly, and noting that the Appellant did not see the advance warning sign it having been obscured by a delivery lorry, I am not satisfied that the prohibition signage was clear and unambiguous, and, in those circumstances, the contravention cannot, in my view, be established and I allow the appeal.

The Appellant has raised various procedural points, but there is no need for me to address these


Big thanks for everyone who input into this thread!
If anyone else gets this same fine use the incorrectly installed sign as your defence at tribunal!

12
Quote
‘I would like a Telephone Hearing / Video Hearing

That's the one to choose.

Re the Evidence Pack: as a start, there should be a list of contents and a summary of why they think the Adj. should dismiss the appeal. Post those here and the experts will advise further.

Whose witness statement is included?

Do the copies of the PCN and NtO included match the originals you hold in every particular?

Thank you for your prompt response, I will check the points you highlighted and report back.

13
From what I can see there is 20 uploaded items,
Camera certification
Witness statement
Video clip
Photos
Case status report
Pcn
Formal rep
Correspondence
Tro
Not and so on

14
Update!

I have had correspondence from the tribunal.

What happens next it says I have 2 options,

‘I would like the Adjudicator to decide my case now’

Or

‘I would like a Telephone Hearing / Video Hearing’

I recall earlier in this thread someone recommended the second option. I just want to be reassured now the time has come.

What’s the best path to take and what should I prepare?

I will upload what the authority have has uploaded as evidence but I’m guessing this is just going to be the camera footage with a statement.

Thanks a lot!

15
I have opened a case with the tribunals.
So far I have added,
Grounds of Appeal:
The authority made a procedural error
Explanation:
I am appealing based on Manchester City councils management of the enforcement process and their failure to correctly deal with my representations. The representations text does not seem to appear on their website either.

In the evidence page there is the two NOR and on the second one I have mentioned,
There was no statement made on the appeal of the pcn being paid.

I have added the original pcn to evidence and added,
The listed statutory grounds of appeal on the PCN are missing these grounds.
(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;
(i)the enforcement notice should not have been served because—
(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of Schedule 3 to the 2022 General Regulations.

Is there anything else I should add in the comments or evidence?

Thanks

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