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#Post#: 15098--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: February 5, 2024, 6:54 pm
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Out of interest, how did you order the traffic order for the
bay? Did you just email Hereford council?
I am the Registered Keeper. The V5C document has my mother's
address on, but she let's me know if any post turns up.
#Post#: 15146--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: ivanleo
Date: February 6, 2024, 6:29 pm
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--- Quote from: FaintPanda link ---
>
> Did you just email Hereford council?
>
--- End Quote ---
I made a specifically crafted EIR request.
#Post#: 15318--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: ivanleo
Date: February 9, 2024, 1:22 pm
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The County of Herefordshire District Council (U80000 Broad
Street, Hereford) (Prohibition of Waiting Loading Unloading)
(Street Parking for Goods Vehicles, Bullion Vehicles and
Coaches) Order 2015
HTML https://drive.google.com/file/d/1DrqyJGMSGhN0su1EdLd7N961vfrH3-aZ/view.
#Post#: 15988--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: February 20, 2024, 9:29 pm
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I haven't heard anything back from Hereford council and it had
now been 14 days since I sent the appeal off to them.
According to their own appeals process, they should have reached
out if they are unable to respond within 10 working days. How
much weight does this hold?
The Council will aim to reply to all correspondence within 10
working days of receipt.
If a full reply cannot be sent in that time an acknowledgement
letter will be sent within five days of receipt.
HTML https://www.herefordshire.gov.uk/downloads/file/13369/parking-supplementary-enforcement-and-appeals-policy
#Post#: 16030--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: H C Andersen
Date: February 21, 2024, 11:20 am
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?
OP, I think you and the council need to update your references
and policies!
As regards the council's processes, what you've posted is
incorrect, their website
(
HTML https://www.herefordshire.gov.uk/parking-1/parking-fines/2)<br
/>states:
While we do aim to reply to all challenges within 14 days this
can be delayed at times of high volume and demand. Please do not
re-challenge a PCN once you have challenged as this will push
your response further down the challenge list and cause further
delays.
Once we receive a challenge to a notice, we'll put that notice
on hold until we have responded.
If a challenge is received within 14 days of the date the
Penalty Charge Notice was issued and is unsuccessful, a further
14 days will be given for you to pay at the discounted amount.
And then we have its 'parking fines appeals and representations
protocols'!
Herefordshire Council
Parking Enforcement & Appeals –
Operational Guidance
Date: October 2018
Updated: January 2022
Version: 1.6
Each page then refers to 'Version 1.5', doh!
This draws on the Secretary of State's 'Operational and
Statutory Guidance', but they've taken their eye off the ball
because the Operational Guidance was withdrawn in October 2022
at the same time that the Statutory Guidance was updated and
republished as a single document.
Therefore, the council's policy is out of date and they have
committed a procedural impropriety by virtue of not complying
with S87 Traffic Management Act which states:
S87
Guidance to local authorities
(1)The appropriate national authority may publish guidance to
local authorities about any matter relating to their functions
in connection with the civil enforcement of traffic
contraventions.
(2)In exercising those functions a local authority must have
regard to any such guidance.
In the context of this case, the most glaring error is the
council's failure to attach a suffix code to the contravention
grounds which is now required by virtue of Annex B to the Stat
Guidance:
Parked in a parking place or area not designated for that class
of vehicle.
I suspect the wording of the PCN omits specific reference to the
owner having to make representations within the period specified
in the NTO because their policy is to halt progress of a PCN
until a response has been sent. IMO, this isn't a justifiable
reason but it might explain the omission.
#Post#: 16048--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: February 21, 2024, 4:21 pm
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Love it, if you scroll down on the link you provided you can
download the Parking Enforcements and Appeals Policy which is
the document which I linked to. I didn't think I went into the
weeds to find an outdated policy! It's posted right on that page
😅.
Thanks for pulling all that information out, I took a deeper
dive into Hereford Councils appeal stats. They only had 8 PCNs
go to the Appeals Tribunal last year! I would have expected a
chunk more than that if they have glaring issues with their
PCNs.
I really appreciate the help from everyone with this.
#Post#: 16053--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: fraser.mitchell
Date: February 21, 2024, 6:01 pm
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--- Quote from: FaintPanda link ---
>
> Love it, if you scroll down on the link you provided you can
download the Parking Enforcements and Appeals Policy which is
the document which I linked to. I didn't think I went into the
weeds to find an outdated policy! It's posted right on that page
😅.
>
> Thanks for pulling all that information out, I took a deeper
dive into Hereford Councils appeal stats. They only had 8 PCNs
go to the Appeals Tribunal last year! I would have expected a
chunk more than that if they have glaring issues with their
PCNs.
>
> I really appreciate the help from everyone with this.
>
--- End Quote ---
Unfortunately most people just cough-up, either when they get
the PCN, or when their informal reps are rejected; like about
95%, so the councils never get brought up short on their
malpractices.
#Post#: 16789--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: March 4, 2024, 11:49 am
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Received my informal appeal back - Rejected.
Do I have a strong enough case to wait for the NtO and take this
all the way to the Traffic Tribunal?
Full PDF of appeal is attached, however here are the key points
--- Quote ---
>
> Thank you for your correspondence received on February 4 2024,
concerning the above Penalty Charge
> Notice. I have viewed your mitigation and the evidence of the
Civil Enforcement Officer on the day in
> question.
> CONTRAVENTION
> The Penalty Charge Notice was issued as you Parked in a
parking place or area not designated for that
> class of vehicle.
>
> MITIGATION
> I appreciate you feel that the Penalty Charge Notice was not
issued correctly, this was not the case.
> Only goods vehicles in the process of loading or unloading are
permitted to use the bay. Any other vehicle
> parked here is liable to be issued an immediate Penalty Charge
Notice, even if loading or unloading is
> taking place. The definition of a goods vehicle is one of
construction and not of use. A lorry or a van is a
> goods vehicle, a car is not. As your vehicle is not a goods
vehicle, alternative parking should have been
> sought from the outset.
>
> At the time the Penalty Charge Notice was issued the vehicle
was in close proximity of a post mounted sign
> detailing the restriction in place, with bay markings advising
that it was for loading only. It is the driver's
> responsibility to check their parking location prior to
leaving the vehicle parked.
> Please see the photographs taken, they show the vehicle was
parked in close proximity of a post mounted
> sign detailing the restrictions in place. I can confirm at the
time the Penalty Charge Notice was issued, the
> vehicle was parked wholly in the good vehicle loading parking
bay.
>
> CHALLENGE DECISION
> As the relevant signage was in place you have no grounds with
which I can reconsider this Penalty Charge
> Notice, therefore I have upheld the Penalty Charge Notice and
rejected your challenge.
> I will still accept the discounted amount of £35.00, provided
payment is received within 14 days of the date
> of this letter. Payment can be made by post to the address
shown below making sure that the Penalty
> Charge Number is included, by credit/debit card by telephoning
(01432) 260200 in office hours or through
> the Council’s website at
HTML http://www.herefordshire.gov.uk/pay/<br
/>at any time. If you are still in possession of
> the original white Penalty Charge Notice you can also make a
payment at any Post Office or any Pay Zone
> outlet using the bar code provided on the Penalty Charge
Notice.
> Please Note: We will not accept any further correspondence
over this matter at informal stage. However, if
> you are the registered keeper of the vehicle, you may appeal
formally. If you wish to do this then you need
> to leave the Penalty Charge Notice unpaid and allow it to
revert to the full amount. Once this has
> happened, details of the registered keeper will be sought from
the DVLA and a Notice to Owner will be sent
> to this named person at the address provided by the DVLA. The
registered keeper can make
> representations which will be considered by this office. If
the representations are rejected then an appeal
> can be made with the Traffic Penalty Tribunal at this time.
The Traffic Penalty Tribunal’s decision is final
> and binding on both parties.
>
--- End Quote ---
Informal Appeal Sent
--- Quote ---
> Dear Hereford Council,
>
> I am appealing PCN: XXXX due to the PCN not including
mandatory information defined within the Road Traffic
Contraventions (Representations and Appeals) Regulations 2022.
Not following the mandatory requirements is a procedural
impropriety under the Traffic Management Act 2004 and therefor
the PCN is required to be cancelled.
>
> The PCN fails to meet Part 2, Chapter 1, Section 3 (1),
Paragraph C. Below is the extract of this requirement for ease
of reference.
>
> "that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner."
>
> As the PCN fails to meet the mandatory requirements I kindly
request that this PCN is immediately canceled.
--- End Quote ---
[attachment deleted by admin]
#Post#: 16794--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: fraser.mitchell
Date: March 4, 2024, 1:37 pm
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So they have totally ignored your point about not following the
regulations on PCN content. If it were me, I'd take the to the
tribunal. If motorists must obey the law, so must councils, and
the law is clear here.
#Post#: 16802--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: March 4, 2024, 5:58 pm
---------------------------------------------------------
Perfect, I will start drafting them up an appeal ready to.send
when the NtO arrives.
Is there templated documents for this appeal or is it a case of
building my own?
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