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#Post#: 16536--------------------------------------------------
York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: February 29, 2024, 10:30 am
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Hello. A family member has received this parking ticket - Parked
for Longer Than Permitted. It was issued here.
HTML https://www.google.com/maps?ll=53.945268,-1.047748&z=18&t=m&hl=en-GB&gl=US&mapclient=apiv3
I have uploaded an image of the ticket that was issued to the
dropbox link below. I was wondering if there are any grounds for
appeal? Thank you.
HTML https://www.dropbox.com/scl/fo/gudsystjhle7nmy1gvgva/h?rlkey=7jdsl6kp00qz1t5fdx7glo4er&dl=0
Thank you, in advance.
#Post#: 16553--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: fraser.mitchell
Date: February 29, 2024, 1:19 pm
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There is a grace period for parking over the allowed time, but
your relative was over that. The CEO will have recorded your car
there at the first observation time, and then came back, and
found the car still there past the 2 hours limit. Permit holders
have no time limit.
Please post the back of the PCN so we can check it for fatal
errors of content.
#Post#: 16568--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: February 29, 2024, 5:55 pm
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Hi Incandescent,
Please see the following:
Front:
HTML https://www.dropbox.com/scl/fi/ba6cajmly62ogoj28ciz6/Parking-Ticket-Front.jpeg?rlkey=fm81obr0kxpkya5zzernb6s1s&dl=0
Back:
HTML https://www.dropbox.com/scl/fi/pxvbj0srns6cm5693u53q/Parking-Ticket-Rear.jpeg?rlkey=r6v7io3an4horj0gish1tpo8b&dl=0
If you spot any fatal errors of content, that would be much
appreciated.
#Post#: 16570--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: fraser.mitchell
Date: February 29, 2024, 7:22 pm
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The PCN is not compliant with the regulations for the content of
a Regulation 9 PCN, (one that is served at the roadside to car
or driver).
Have a read of Chapter 1 in the regulations, (link below).
Compare your PCN with the regulations mandate. It is clear that
the PCN does not comply. In fact this is one of the worst
examples I've seen yet.
HTML https://www.legislation.gov.uk/ukpga/2010/15/contents
#Post#: 16601--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 1, 2024, 7:54 am
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Good afternoon Incandescent,
Having looked at the link - it appears that this is a link to
the Equality Act 2010 - is this correct?
I looked at Chapter 1 of The Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/1
It appears that the notice does not include the necessary
information -
-ie it does not state:
(ii)any such representations made outside the period of 28 days
beginning with the date on which the notice is served (“the
payment period”) may be disregarded;
If so - would this be a suitable grounds for an appeal? Would
you suggest any other avenues which your expert eyes may have
spotted?
Best
#Post#: 16633--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: fraser.mitchell
Date: March 1, 2024, 1:01 pm
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Oops, posted the wrong link !! Please accept my grovelling
apologies.
Here is the correct link: -
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
#Post#: 16638--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 1, 2024, 2:16 pm
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No apology required incandescent!
It appears that the notice posted on the car does not include
the necessary information as dictated by the regulations.
-ie it does not state:
(ii)any such representations made outside the period of 28 days
beginning with the date on which the notice is served (“the
payment period”) may be disregarded;
If you agree with this reading - would this be a suitable
grounds for an appeal? Would you suggest any other avenues which
your expert eyes may have spotted?
#Post#: 16643--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: fraser.mitchell
Date: March 1, 2024, 4:44 pm
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No, look at Chapter 1 Regulation 3 (1)
You have a Regulation 9 PCN. not an enforcement notice, (see the
definitions in Part 1 Preliminary (2)
#Post#: 16702--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 3, 2024, 4:17 am
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Incandescent,
Thank you. I see the text which is missing namely section C. I
appreciate your time and patience in guiding us.
I was planning to send the following in via an informal appeal.
Do you feel that this is sufficient, Incandescent?
--- Quote ---
>
> I am writing to request that the following PCN be cancelled.
It does not contain the the necessary information which is set
out in The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022.
>
> Namely, Chapter 3, Section 1:
>
> Information about right to make representations or appeal to
be included in regulation 9 penalty charge notices and
enforcement notices
>
> 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.
>
> This notice does not contain sections B or C.
>
> Therefore, as this PCN is not compliant with the regulations,
I request that it is cancelled.
>
>
--- End Quote ---
#Post#: 17158--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 11, 2024, 4:26 pm
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Hi - just to let you know, submitted this representation so as
not to miss the time window.
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