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#Post#: 15776--------------------------------------------------
Redbridge PCN CODE 01
DIR By: jackdee85
Date: February 17, 2024, 5:56 am
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Hi,
I parked my car on a yellow line and received the PCN.
Unfortunately I had just received my renewed Blue Badge and
forgot to put it in the wallet with the clock timer and
displayed on its own. My mistake and therefore I received the
PCN. The link has the PCN and photos for any advise. thanks
[attachment deleted by admin]
#Post#: 15783--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: John U.K.
Date: February 17, 2024, 8:00 am
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Please post a GSV link to the location.
#Post#: 15785--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: ntown
Date: February 17, 2024, 8:40 am
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GSV:
HTML https://maps.app.goo.gl/b64WS1SU9RticQNP8
and I believe the CPZ is in operation 8am to 6pm all days of the
week
HTML https://liverpool.gov.uk/parking-roads-and-travel/find-parking/controlled-parking-zones/
#Post#: 15787--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: jackdee85
Date: February 17, 2024, 8:46 am
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HTML https://maps.app.goo.gl/3YDrR9FVo7f5NEx46
this is the place. parked on the same side as the van.
#Post#: 15978--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: jackdee85
Date: February 20, 2024, 4:36 pm
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Does anyone have any suggestions for this pcn?
#Post#: 15983--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: fraser.mitchell
Date: February 20, 2024, 6:01 pm
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The PCN is flawed because it doesn't contain information in the
form required by the regulations:-
Extract from The Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022
--- Quote ---
> 3.—(1) A regulation 9 penalty charge notice must include the
following information—
>
> (a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
> (b)that if, before a notice to owner is served,
representations against the penalty charge are received at such
address as may be specified in the notice for the purpose those
representations will be considered by the enforcement authority;
> (c)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.
--- End Quote ---
3 (1)(c) is missing. Having said that, it does say that if a
Notice to Owner is served, the recipient must respond to it.
Some PCNs just miss all of this, but this one seems close but
for me, not close enough. An adjudicator could say it is
"substantially compliant", but for something that is mandated
content, I would say the PCN is not compliant and therefore
void, but you'd have to take the double-or-quits gamble at
adjudication to find out. (ful penalty if you lose)
#Post#: 15993--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: jackdee85
Date: February 21, 2024, 3:34 am
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Thank you for the information. Probably best to pay with this
information. Councils need the money and are unlikely to cancel
the PCN and rely on us motorists.
#Post#: 16012--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: Hippocrates
Date: February 21, 2024, 6:40 am
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Well, before you join The Mugged Club, I would make a challenge.
There is also another issue actually.
#Post#: 16016--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: H C Andersen
Date: February 21, 2024, 8:07 am
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And for info, the regs do not require the PCN to '..contain
information in the form required by the regulations' or in fact
in any form.
A regulation 9 penalty charge notice must include the following
information..
Whether this info is conveyed in the PCN(not in the NTO) is the
issue at large.
Therefore the caution in Incandescent's post is appropriate.
OP, if you did not display the clock then on the face of it the
CEO was correct in issuing the PCN. But the purpose of giving
drivers the opportunity to explain the circumstances is so that
your side of the story can be put to the authority who must then
consider whether in light of this evidence and the council's
policies they should insist on demanding the penalty or whether,
in light of your account, it would be applicable to exercise
discretion.
I suggest you draft reps and post here.
You have until 29 Feb. to submit reps while still maintaining
the discount.
Factors you might consider in reps:
You've held a BB since ***
Parked there and on other single and DYL in Redbridge many times
before without issue;
Normally display clock even in situations where it's not
strictly necessary because it'sin the same wallet as the BB;
But on this occasion ****;
Momentary memory fade caused you to forget...
You can see that the CEO was correct to issue the PCN....
..but would the council consider exercising discretion on this
occasion..?
Send them a photo of your BB and clock inside the wallet, tell
them you've superglued it in place!
Or just pay!
#Post#: 16039--------------------------------------------------
Re: Redbridge PCN CODE 01
DIR By: jackdee85
Date: February 21, 2024, 1:02 pm
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Draft reps. Is this okay?
With regards to this, I would like to ask for your leniency in
cancelling the PCN for the following reasons.
The Blue Badge has been held since 2017 and has been used in
Redbridge many times before without any issues.
It is normally displayed with the clock, but unfortunately on
this occasion as this was a new, renewed Blue Badge, a momentary
memory fade caused me to forget to put the Blue Badge in the
clock wallet.
The CEO was correct in issuing the PCN, but please exercise
discretion on this occasion.
I have now ensured that The Blue Badge has been placed in its
rightful place inside the clock wallet.
I thank you for your understanding in this matter.
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