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#Post#: 16830--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: fraser.mitchell
Date: March 5, 2024, 8:36 am
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Your reps will be the same as if you went for a papers-based
adjudication, but by being on the phone (or video), to the
adjudicator, you can answer questions, and if the council
attend, refute any statement their rep may make.
All pretty normal and nothing to worry about. The only thing is
you have to give some of your time for the adjudication.
#Post#: 17271--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: kingsy
Date: March 14, 2024, 6:19 pm
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So it turns out I was given the wrong PIN code for the appeal so
I've had to spend a week of back and forth with the tribunal
people to get a working code.
The problem is now that the 28 day period has passed AND I've
already received a Charge Certificate literally within the 28
days expiring and I've not even got around to writing my appeal!
When I submit my appeal through the portal can I request the
adjudication occur via phone?
Are any gaps / procedural things regarding the Charge
Certificate that need to be adhered to?
Will update with copy of charge notice asap
#Post#: 17280--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: H C Andersen
Date: March 15, 2024, 4:50 am
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Will update with copy of charge notice asap
Pl do, it could be your get-out-of-jail card. Leave in its date
of issue.
#Post#: 17328--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: kingsy
Date: March 15, 2024, 5:40 pm
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HTML https://i.imgur.com/J6HSMIO.jpeg
HTML https://i.imgur.com/7ubREoc.jpeg
I've already got two procedural points I think I just need to
wordsmith my 'compelling reasons' point.
#Post#: 17360--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: H C Andersen
Date: March 16, 2024, 12:22 pm
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Have you been notified by the tribunal that your appeal has been
registered? Post their communication.
#Post#: 17377--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: kingsy
Date: March 16, 2024, 3:35 pm
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No not yet. Will probably submit it tonight
#Post#: 17860--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: kingsy
Date: March 20, 2024, 12:54 pm
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Appeal has been registered now and Authority had 14 days to
decide whether they want to contest it or not. Is there any
chance they just will not bother?
#Post#: 18270--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: kingsy
Date: March 25, 2024, 2:30 pm
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It seems like they have indeed replied and uploaded all their
evidence - the Authority's response is as follows
--- Quote ---
> With regard to the specific reasons for issuing the Notice,
and the appellant’s main points concerning the contravention,
Birmingham City Council would refer to the Notice of Rejection
which they consider adequately presents the Authorities
assertions at this stage.
> The use of discretion has been considered in this case,
however the council believes that the circumstances do not
amount to any mitigation that would justify cancellation of the
PCN.
> As can be seen from the contemporaneous photos lighting was
sufficiently clear for motorists to read any information on the
machine/notice board. The appellant states that the vehicle was
parked around 19:45 hours. At this time in November, it would
be sufficiently dark enough for full lighting to be in use. It
would not be dusk at this time in November. There would not have
been any more lighting on the car park when the CEO issued the
PCN at 21:37 hours.
> The appellant clearly saw the notice regards the machine not
working, yet failed to read any further information supplied on
the machine. It is a motorists responsibility to read,
understand and act on all information provided to avoid the
issue of a PCN.
> Contrary to the appellants belief that the Notice of Rejection
did not provide all the information required, a copy has been
attached showing the information it contained. The Council
believe that the PCN was correctly issued, enforced equally,
fairly and without discrimination, and remains valid and payable
at £50.
--- End Quote ---
Now I have 7 days to pick whether I want a telephone hearing or
just get the adjudicator to decide on the evidence presented. A
bit scared about doing the telephone hearing :-X
#Post#: 18458--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: kingsy
Date: March 27, 2024, 12:30 pm
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--- Quote from: H C Andersen link ---
>
> Have you been notified by the tribunal that your appeal has
been registered? Post their communication.
>
--- End Quote ---
Have you got any advice? I'm assuming I should probably do the
hearing?
#Post#: 18465--------------------------------------------------
Re: Birmingham City Council, code 83 parked without displaying
valid ticket, Moseley Village Car Park
DIR By: fraser.mitchell
Date: March 27, 2024, 4:00 pm
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Don't do the papers-based route, it usually fails. A telephone
hearing is not at all daunting, but don't lose your rag whatever
you do. Even if you lose, at least you'l have the satisfaction
of knowing they've had to at least some work for their
ill-gotten gains and also have had to pay the adjudication fee,
so no profit for them.
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