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#Post#: 29856--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: ivanleo
Date: July 14, 2024, 3:58 pm
---------------------------------------------------------
[member=1774]Admiration[/member] the notice to owner must, by
law, demand the full penalty. However if you make a
representation before midnight on 24 July, then if a notice of
rejection is issued the discount should be reoffered for a
further 14 days.
I don't have anything to add to the previous draft but for the
sake of completeness, do you have any mitigating circumstances
worth raising, especially anything unconnected to the
contravention itself?
#Post#: 29858--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 14, 2024, 4:11 pm
---------------------------------------------------------
Thank you again [member=12]Incandescent[/member].
cp8759 kindly helped me in the initial appeal (before NTO) and
asked to wait for NTO.
Many Thanks for your kind response about online portal.
Kind Regards
--- Quote from: Incandescent link ---
>
> [quote author=Admiration link=topic=1936.msg29792#msg29792
date=1720899906]
> Thank you [member=12]Incandescent[/member].
>
> I am willing to respond. I need guidance on how I do it, and
what are things I need to put in my appeal to get it right
please.
>
> Also, wanted to check if the communication from here onwards
from council will be through email or a portal or they will send
letters again, if you know, please?
>
> Many Thanks
>
>
> [quote author=Incandescent link=topic=1936.msg29676#msg29676
date=1720808017]
> You must respond to the Notice to Owner, because if you don't
you lose all chance of appealing to the adjudicators.
>
> The discount is normally only ever offered on the PCN, but
many councils do re-offer it when refusing reps against a
Notice to Owner. Whether Bradford do you'll only find out when
you submit representations. If you do, make sure you submit them
within 14 days like a PCN. Their refusal letter is tosh; there
is no legal requirement for loading at the roadside to be
continuous. Sone unloading requires several trips to and from
the vehicle, which drivers usually lock to prevent theft.
>
--- End Quote ---
[/quote]
Their portal is best, because you get a response on-line which
you must keep carefully, (print it out as well). Rejections to
formal representations against a Notice to Owner must be in the
form of a letter in the post.
If cp8759 is going to prepare some text for you, I'll stand
aside at this point.
[/quote]
#Post#: 29862--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 14, 2024, 4:42 pm
---------------------------------------------------------
Thank you [member=1]cp8759[/member].
That day, I went to a visa office on that street to submit some
important documents that were required by the visa office. I had
an appointment which I wanted to make in time. Before I parked,
a driving instructors’ car was parked there. I waited for him to
leave, as he indicated that he was leaving, before I parked my
car there, believing it was a normal parking space similar to
the other marked areas. I ensured that I skipped the yellow
marked area for disabled parking and loading bay (I thought they
were the same).
This was my 2nd visit only on that street and on first visit, I
parked, paid for ticket, displayed it and picked my car after my
appointment was finished. This time I did exactly the same. I
did not even give it a second thought, as I checked the markings
and a car was parked already there, and similar looking signs.
The signage and road markings were not clear, and I reasonably
believed I was parking in a permitted area due to the similarity
in the markings. It was an honest mistake by interpreting the
signs and markings incorrectly.
I purchased and displayed a valid parking ticket for the entire
duration of the stay, which indicate my intention to comply with
parking regulations. I observed another vehicle parked in the
same spot and assumed it was a legal parking space, and this
contributed to my belief that it was permissible to park there
(same as on the other side of the road, where I parked two weeks
ago.
The lack of a clear distinction between the loading bay and the
pay-and-display parking area also contributed to my confusion.
If the council can improve the clarity of the signage and
markings, this will prevent future misunderstandings for all the
drivers.
I don’t what else to say, as I believed at the time of parking,
that I was being a responsible citizen, adhering to the rules of
the council, and paid correct parking charges, and displayed my
ticket, as I always do.
I hope they understand my genuinely honest mistake and cancel
this PCN.
Kind Regards
--- Quote from: cp8759 link ---
>
> [member=1774]Admiration[/member] the notice to owner must, by
law, demand the full penalty. However if you make a
representation before midnight on 24 July, then if a notice of
rejection is issued the discount should be reoffered for a
further 14 days.
>
> I don't have anything to add to the previous draft but for the
sake of completeness, do you have any mitigating circumstances
worth raising, especially anything unconnected to the
contravention itself?
>
--- End Quote ---
#Post#: 30274--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 18, 2024, 1:13 pm
---------------------------------------------------------
Hi [member=1]cp8759[/member].
Could you please let me know what should I appeal with, for this
please? Do I need to use the same text as last time, or anything
to add from what "H C Andersen" and "Phantomcrusader" have
suggested, or something you want to add please?
Kind Regards
--- Quote from: Admiration link ---
>
> Thank you [member=1]cp8759[/member].
>
> That day, I went to a visa office on that street to submit
some important documents that were required by the visa office.
I had an appointment which I wanted to make in time. Before I
parked, a driving instructors’ car was parked there. I waited
for him to leave, as he indicated that he was leaving, before I
parked my car there, believing it was a normal parking space
similar to the other marked areas. I ensured that I skipped the
yellow marked area for disabled parking and loading bay (I
thought they were the same).
>
> This was my 2nd visit only on that street and on first visit,
I parked, paid for ticket, displayed it and picked my car after
my appointment was finished. This time I did exactly the same. I
did not even give it a second thought, as I checked the markings
and a car was parked already there, and similar looking signs.
>
> The signage and road markings were not clear, and I reasonably
believed I was parking in a permitted area due to the similarity
in the markings. It was an honest mistake by interpreting the
signs and markings incorrectly.
>
> I purchased and displayed a valid parking ticket for the
entire duration of the stay, which indicate my intention to
comply with parking regulations. I observed another vehicle
parked in the same spot and assumed it was a legal parking
space, and this contributed to my belief that it was permissible
to park there (same as on the other side of the road, where I
parked two weeks ago.
>
> The lack of a clear distinction between the loading bay and
the pay-and-display parking area also contributed to my
confusion. If the council can improve the clarity of the signage
and markings, this will prevent future misunderstandings for all
the drivers.
>
> I don’t what else to say, as I believed at the time of
parking, that I was being a responsible citizen, adhering to the
rules of the council, and paid correct parking charges, and
displayed my ticket, as I always do.
>
> I hope they understand my genuinely honest mistake and cancel
this PCN.
>
> Kind Regards
>
>
>
> [quote author=cp8759 link=topic=1936.msg29856#msg29856
date=1720990700]
> [member=1774]Admiration[/member] the notice to owner must, by
law, demand the full penalty. However if you make a
representation before midnight on 24 July, then if a notice of
rejection is issued the discount should be reoffered for a
further 14 days.
>
> I don't have anything to add to the previous draft but for the
sake of completeness, do you have any mitigating circumstances
worth raising, especially anything unconnected to the
contravention itself?
>
--- End Quote ---
[/quote]
#Post#: 30308--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: ivanleo
Date: July 18, 2024, 7:06 pm
---------------------------------------------------------
[member=1774]Admiration[/member] I think the text you've put in
reply 22 above is fine, if nobody suggests anything additional
within the next couple of days I suggest you submit it.
#Post#: 30317--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: H C Andersen
Date: July 19, 2024, 2:55 am
---------------------------------------------------------
Why does the NTO not use the correct contravention description?
To elaborate:
The PCN and NTO both give the following:
'Parked in a loading place during restricted hours without
loading'
The mandated form is:
'Parked in a loading place or bay during restricted hours
without loading.'
The authority are obligated to use the mandated version(The 2022
Charges Regulations and Annex B to the Secretary of State's
Statutory Guidance refer). The authority must state why they
have unilaterally chosen to depart from these grounds which
prima facie is a procedural impropriety.
#Post#: 30629--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 21, 2024, 11:39 pm
---------------------------------------------------------
Thanks [member=1]cp8759[/member]. Sorry, due to travel, I could
not respond earlier.
--- Quote from: cp8759 link ---
>
> [member=1774]Admiration[/member] I think the text you've put
in reply 22 above is fine, if nobody suggests anything
additional within the next couple of days I suggest you submit
it.
>
--- End Quote ---
#Post#: 30639--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 22, 2024, 2:41 am
---------------------------------------------------------
Thanks [member=428]H C Andersen[/member]
Sorry, due to travel, I could not respond earlier. I have used
this in my response text in the post below. Please let me know
if I need to update/amend it in any way necessary.
Kind Regards
--- Quote from: H C Andersen link ---
>
> Why does the NTO not use the correct contravention
description?
>
> To elaborate:
>
> The PCN and NTO both give the following:
>
> 'Parked in a loading place during restricted hours without
loading'
>
> The mandated form is:
>
> 'Parked in a loading place or bay during restricted hours
without loading.'
>
> The authority are obligated to use the mandated version(The
2022 Charges Regulations and Annex B to the Secretary of State's
Statutory Guidance refer). The authority must state why they
have unilaterally chosen to depart from these grounds which
prima facie is a procedural impropriety.
>
--- End Quote ---
#Post#: 30641--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 22, 2024, 2:45 am
---------------------------------------------------------
Parking Services
City of Bradford Metropolitan District Council
Subject: Appeal Against PCN No. [PCN Number] and Notice to Owner
(NTO)
Dear Sir/Madam,
I am writing to formally contest the Penalty Charge Notice (PCN)
number [PCN Number] issued to my vehicle, registration number
[Vehicle Registration Number], on [Date of Incident] at
[Location]. I also wish to address an issue with the Notice to
Owner (NTO) that I received.
Contravention Description Discrepancy: Both the PCN and the NTO
provide the contravention description as:
"Parked in a loading place during restricted hours without
loading."
However, according to the 2022 Charges Regulations and Annex B
to the Secretary of State's Statutory Guidance, the mandated
contravention description is:
"Parked in a loading place or bay during restricted hours
without loading."
The authority is obligated to use the exact wording as mandated.
The unilateral decision to deviate from the prescribed
description constitutes a procedural impropriety. As the issuing
authority, you must adhere to the statutory requirements, and
any deviation from this constitutes grounds for cancellation of
the PCN.
In light of this discrepancy, I request that you provide an
explanation for the departure from the mandated contravention
description. Failing to do so and maintaining the issuance of
the PCN under incorrect procedural grounds would be unjust.
Additional Mitigating Circumstances: In addition to the
procedural impropriety mentioned above, I would like to
reiterate the following mitigating circumstances that I have
previously outlined:
1. Purpose of Visit: That day, I went to a visa office on that
street to submit some important documents that were required by
the visa office. I had an appointment which I wanted to make in
time. Before I parked, a driving instructors’ car was parked
there. I waited for him to leave, as he indicated that he was
leaving, before I parked my car there, believing it was a normal
parking space similar to the other marked areas. I ensured that
I skipped the yellow marked area for disabled parking and
loading bay (I thought they were the same). The necessity and
urgency of this appointment required my presence, and I made
every effort to comply with parking regulations by purchasing a
valid ticket, and following the road markings.
2. Ambiguity in Signage and Road Markings: This was my 2nd visit
only on that street and on first visit, I parked, paid for
ticket, displayed it and picked my car after my appointment was
finished. This time I did exactly the same. I did not even give
it a second thought, as I checked the markings and a car was
parked already there, and similar looking signs. The signage and
road markings at the location were confusing and not distinctly
clear. This led me to reasonably believe that the area was a
permitted parking space.
3. Genuine Mistake: I made an honest mistake in interpreting the
signs and markings. To comply with parking regulations, I
purchased a valid parking ticket (receipt attached) and
displayed it prominently in my car for the entire duration of my
stay.
4. Observed Prior Parking Behaviour: Before parking, I noticed
another vehicle parked in the same spot. This further reinforced
my belief that it was a legal parking space, contributing to my
belief that it was permissible to park there (same as on the
other side of the road, where I parked two weeks ago). I waited
for the vehicle to leave and then parked in good faith.
5. Lack of Clear Distinction: The lack of a clear distinction
between the loading bay and the pay-and-display parking area
significantly contributed to my confusion. I strongly urge the
council to consider improving the clarity of the signage and
road markings to prevent future misunderstandings for other
motorists.
6. First-Time Offense: I believed at the time of parking, that I
was being a responsible citizen, adhering to the rules of the
council, and paid correct parking charges, and displayed my
ticket, as I always do. This is my first parking offense, and I
have always adhered to parking regulations in the past. I assure
you that I have learned from this experience and will be more
vigilant in the future.
Request for Cancellation: In light of the procedural impropriety
and the additional mitigating circumstances, I kindly request
the council to exercise discretion and consider cancelling the
PCN. I have demonstrated my intention to comply with parking
rules and have provided evidence of my genuine mistake.
Thank you for considering my appeal. I look forward to your
favourable response.
Yours faithfully,
#Post#: 30642--------------------------------------------------
Re: PCN - Loading Bay - Code 25 - Bradford
DIR By: Admiration
Date: July 22, 2024, 2:54 am
---------------------------------------------------------
Respected members, I have shared my text in Post #28 which I am
planning to use in the appeal.
[member=904]Phantomcrusader[/member] - I could not find more
details on your response (Post #13) about "The NTO appears to be
missing this ground of appeal." Could you please let me know
what I need to use in my appeal for the 3 things you mentioned,
please?
[member=428]H C Andersen[/member] - I hope I have used your
inputs correctly, but please let me know I have not.
[member=1]cp8759[/member] - I request you to please review and
edit/approve as necessary please.
As always, thank you so much for your guidance and support in
this.
Kind Regards
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