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#Post#: 21371--------------------------------------------------
Re: is my pcn valid?
DIR By: ivanleo
Date: May 2, 2024, 5:09 pm
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The wording of the PCN is also invalid because it does not
specify what class of vehicle the parking place is meant to be
for, I'm also pretty sure the combination of road markings is
unlawful.
Relevant cases on the code 23 issue are:
Mary Harding v Royal Borough of Kingston Upon Thames
(2160271291, 26 July 2016)
HTML https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV/view
Yuriy Myronovyh V The City Of Edinburgh Council (ED00154-2107, 4
October 2021)
HTML https://drive.google.com/file/d/1OUYGSdtOnnkZXwyyv3pZrXjhnyjMAMbe/view
Robert Piatt v Manchester City Council (MC00876-2010, 15 October
2020)
HTML https://drive.google.com/file/d/1XqKhehvagEzi4MgvPQZEk65cZ2VuCDDg/view
The point is significantly stronger in this case because the PCN
is issued by post, so you wouldn't be able to look at the PCN at
the roadside and have a look around.
Frankly before making a representation I would contact the
council and simply ask for the video.
#Post#: 21397--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 3, 2024, 3:38 am
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hi all, thankyou, so i sent the representation off a few days
ago, ive also had the video, they have rejected the claim. they
have said the video shows noone in the front, well of course, i
was in the back, where my child was, i was searching on the
floor for one part of the cochlear which they had managed to get
off, i have 3 rows of seats, and also the back of the car has
black out windows, so you wouldn't have seen me. But i know i
wasn't in the front, because i was trying to help my child in
the very back. the video is really poor quality. Also it is
frustrating as this train hasn't run for over a year,they
stopping people and fining them for stopping briefly, when they
know no train is actually going to turn up. if anyone can help
me do the second appeal letter would be most grateful. thanks, i
agree the road markings are very bad, white and then yellow, and
one sign sayes road train, other sayes train and buses.
i cant seem to upload the video as its not one of you allowed
file types?
HTML https://i.imgur.com/F8ku8JM.png
HTML https://i.imgur.com/SzL6YMI.png
#Post#: 21399--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 3, 2024, 3:44 am
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does this work. hopefully
[attachment deleted by admin]
#Post#: 21480--------------------------------------------------
Re: is my pcn valid?
DIR By: ivanleo
Date: May 3, 2024, 4:52 pm
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--- Quote from: nicnncha link ---
>
> i cant seem to upload the video as its not one of you allowed
file types?
>
--- End Quote ---
That's because you're not read the "READ THIS FIRST" post
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
--- Quote from: nicnncha link ---
>
> does this work. hopefully
>
--- End Quote ---
Well sort of but I've fixed it for you so it works properly now:
HTML https://www.youtube.com/watch?v=wBlZOXpJhFA
Can you please confirm whether the PDF file you attached is
everything you have received? If that's the sum total of the
notice of rejection then it's basically a guaranteed win at the
tribunal, as the notice is hopelessly defective unless there are
some additional pages.
By the way I have redacted your postal address above as you
should not share such information on a public forum.
#Post#: 21511--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 4, 2024, 1:40 am
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Thankyou for sorting for me. Yes that is all I received.
#Post#: 21529--------------------------------------------------
Re: is my pcn valid?
DIR By: ivanleo
Date: May 4, 2024, 5:21 am
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If that is all they have sent, you have a slam-dunk win based on
the notice of rejection being defective. However I would suggest
we wait for the postal copy to arrive next week, just to be 100%
sure.
Please bump the thread if you haven't received the postal copy
by this time next week.
#Post#: 21537--------------------------------------------------
Re: is my pcn valid?
DIR By: guest17
Date: May 4, 2024, 5:36 am
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+1
OP---I would continue with this.
Once again we have a moving camera car because they can't be
bothered to stop and issue a PCN. Adjudicators don't like this
and I would argue the camera car should be static when videos
are taken.
HTML https://www.legislation.gov.uk/wsi/2013/360/schedule/made
where
it states:-
2. The device must include a recording system in which—
(a)recordings are made automatically of the output from the
camera or cameras surveying the vehicle and the place where a
contravention is occurring;
(b)there is used a secure and reliable recording method that
records at a minimum rate of 5 frames per second;
(c)each frame of all captured images is timed (in hours, minutes
and seconds), dated and sequentially numbered automatically by
means of a visual counter; and
(d)where the device does not occupy a fixed location, it records
the location from which it is being operated.
Mike
#Post#: 22061--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 10, 2024, 7:35 am
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hi all, ive had nothing else regarding the pcn. would someone be
able to let me know how to appeal it based on what they have
sent so far. the first appeal was denied.
#Post#: 22418--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 14, 2024, 9:11 am
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hiya can anyone help me with the appeal. i havent had anything
in the post. just the email i attached. i would like to appeal
it, if anyone can help me thanks
#Post#: 22464--------------------------------------------------
Re: is my pcn valid?
DIR By: fraser.mitchell
Date: May 14, 2024, 4:49 pm
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The place where you appeal the PCN is the Traffic Penalty
Tribunal (TPT).
HTML https://www.trafficpenaltytribunal.gov.uk/
As they have formally refused your representations against a
postal PCN, you can register an appeal now. From what I've read
on the thread so far, you have a very strong case.
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