Free Traffic Legal Advice

That's absolutely fantastic! Well done all involved 

Good morning H C Andersen

My apologies.  I've attached the 2nd and 3rd pages now.

What are your thoughts please?

Thanks again.

Deborah

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Good morning

So, an update on my PCN.  I duly appealed to MCC with the following:

Dear Sir/Madam

I received a parking ticket on 21 October 2023. The place where I parked, has been used for parking for years without penalty. And it is for this reason that I would like to submit an appeal.

I have parked in this place twice since 2020 for the purpose of attending a football match. Once before this occasion, when the PCN 27 was issued. Up until that point, I would park at the Stadium as my father was eligible for parking due to his disability. Sadly, I lost my father in May 2020. The Stadium do offer limited parking and to-date I have not been successful in securing a parking space as they sell very quickly when they go online.

For many years I have noted that 4/5 cars have parked in this space without penalty. On 21 October, I arrived at the Stadium incredibly early and decided to park there as there was an available spot. I sat and read my book for a couple of hours in my car, during which time four other cars parked up too.

On the PCN I have been issued, it says that I parked in a location that states, ‘No Waiting at Any Time.’  But there is no signage to indicate this? I have attached a photo of the only blank sign that is there. And there was also an assumption that parking was allowed there as there is a big mound of dirt right across the road that clearly makes the road inaccessible/unusable.

I am a law bidding citizen and now understand that I made an honest mistake. And as I mentioned in my initial appeal, now that I am aware that parking in this spot is not permitted, I will make alternative arrangements. And sadly, as I am currently unemployed and in receipt of only Universal Credit, I cannot afford the fine.

I do hope that upon reviewing my mitigating circumstances, you will reconsider your decision and waive the fine.

Yours faithfully

Miss Deborah L Evans


Sadly they have chosen to reject my appeal and yesterday I received the attached.  I believe they haven't considered my mitigating circumstances at all.  They have also ever given me the opportunity to pay the discounted rate, apart from when the PCN was issued in the first instance.

The advice I seek now from you good folk is, do I have a case I can put forward and appeal to an independent judicator or do I now have to pay the £70?

Really hope someone can help?

Many thanks

Deb



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Good afternoon cp8759.

I've received my Notice to Owner today (copy attached).  I've read the links you very kindly sent me last time.  The example of the disabled gentleman driving over the bridge in Merseyside was brilliant.

You've mentioned to me in previous communications about approaching strategy being failure to consider evidence and incorporating a count/counter view?  I have to be honest, I've no idea how to do that at all.  And also if there are any examples I may refer to to put together my challenge?

And lastly, from the Tribunal info, would the appeal be for 'a procedural impropriety by the authority' or a 'compelling reason', should my case get to that stage?

Thanks cp8759.

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Exact copy of email sent

Good morning

I hope you're having a good week.

As you can see from the above, I received a PCN on 21 October, where I'd parked my car to attend a football match at the Etihad Stadium.

Before losing my father in 2020, when we parked at the Stadium with his Blue Badge as he was disabled, I have sought to park as close to the Stadium as possible (as I too suffer from arthritis and breathlessness due to blood clots in my lungs).  I always try to get a parking space at the stadium but they're always sold out.  I have noticed over the past 3 years that at least 4/5 cars have parked where I parked on this day, without penalty.  As I arrived very early on this day to the game and there was space, I legitimately expected to park here, as parking has always been tolerated here during match days and PCNs not enforced.

I'm writing to ask if you'll kindly cancel the above parking charge, and afford me the allowance of now being made aware that parking here isn't tolerated and I can observe this in future.

I hope your response will be favourable.

Yours faithfully

Good morning!

I've now received my response (pdf attached FYI). Basically it's a 'pay up'.

I also, as suggested by you great folk on here, reported to the Waste and Highways about the mound of dirt on Coleshill Street.  To this day, the mound is still there, and people are still parking as I was on that day.

Receipt re:Waste
The location of the problem on the map 386407
What type of land needs cleaning up? a road or pavement
Page: The problem
What needs cleaning up? If there's more than one type, choose the most obvious. litter, dirt or dust
Give more information to help us find the problem. There are big mounds of soil completing blocking access to the road. As it's a public highway, I believe the Council has a duty to keep it open unless there's a reason why this street has been stopped up?

Receipt re:Highway
Location of the problem 386405,399487
Give any more information that will help us locate the problem. For example, house number, road name, landmarks. At the entrance to Coleshill Street, off the A6010, it is totally obstructed by mounds of spoil. These mounds are right near a dropped kerb and a set of traffic lights.
Page: What is the problem?
What is causing the obstruction? other: please say what below
Tell us anything else that may help us sort out the problem. Mounds of spoil totally blocking the entrance to Coleshill Street which is restricting access.
The spoil needs removing to allow pedestrians access, either on foot or with wheelchair/pram etc.
Has Coleshill Street been stopped-up for any particular reason?


As I wish to appeal, can you suggest what mitigation I can provide in my Reps to help with this?

Thanks again guys.


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H C Anderson, I think I've found my approach now.  Sometimes it's only when people give you a different view, it makes sense.  The fact that cars have parked there for years, without penalty, why would anyone assume it was an offence?

I'll let you all know how I get on. 

Fingers crossed.

Deb