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#Post#: 24548--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: Riamo01
Date: May 31, 2024, 5:19 am
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Dear members,
Thankyou for all your support and advice. Walsall Council have
cancelled the PCN on this occasion :)
HTML https://imagizer.imageshack.com/img924/5617/zj7GaS.jpg
HTML https://imagizer.imageshack.com/img924/5453/yLJkp8.jpg
[attachment deleted by admin]
#Post#: 24783--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: ivanleo
Date: June 2, 2024, 7:03 pm
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[member=1846]Riamo01[/member] I would suggest you raise a formal
complaint. The council has treated this as a discretionary
cancellation, and with most councils you only get one every few
years.
As you were not parked on the zig-zags, the contravention did
not occur so it is wrong for the council to record this as a
goodwill gesture, because this will be held against you if you
get any other PCNs.
I can draft some wording if you'd like to pursue this.
#Post#: 24785--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: Riamo01
Date: June 3, 2024, 12:05 am
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Yes please if you can help with wordings then I will follow up
as this will help others.
Regards
#Post#: 25199--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: ivanleo
Date: June 7, 2024, 7:20 am
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You'll need to submit this via
HTML https://go.walsall.gov.uk/apply/myaccount-online-services/make-complaint
[indent]
Dear Walsall Metropolitan Borough Council,
I wish to raise a formal complaint about PCN XD46101416, which
has been cancelled and is therefore no longer subject to any
statutory appeal procedure.
The notice of acceptance states that "the Penalty Charge Notice
was correctly given", this is unacceptable: my car was parked
outside of any school zig-zags, on a section of unmarked road
visible here:
HTML https://maps.app.goo.gl/Ei2brAf2DfDmL9FPA
It is obvious that your camera is faulty and it not properly
calibrated, as no vehicles parking in that legitimate parking
spot should be subject to any enforcement.
For the council to suggest that my vehicle was illegally parked
when the evidence clearly shows that it was not is wholly
unjustified, furthermore this should not be recorded as a
discretionary cancellation. Your notice of acceptance also says
that "If you receive any further Penalty Charge Notices in
similar circumstances, we may not be able to cancel it", again
this is wholly unacceptable: any penalty charge notice issued to
anyone parking on an unrestricted length of road must be
cancelled, the council has not discretion about this.
Article 16 of GDPR provides as follows:
"The data subject shall have the right to obtain from the
controller without undue delay the rectification of inaccurate
personal data concerning him or her. Taking into account the
purposes of the processing, the data subject shall have the
right to have incomplete personal data completed, including by
means of providing a supplementary statement."
I now require you to rectify your records to properly show that
penalty charge notice XD46101416 was erroneously issued and that
it is not cancelled on a discretionary basis, but rather because
the alleged contravention did not occur.
I trust you will now review your records and also cancel any
other PCNs that might have been issued erroneously to other
people for parking at this location, even if those other PCNs
have been paid.
I take it that in the interests of fairness, enforcement will be
suspended altogether until the camera has been fixed to only
enforce against vehicles actually stopped on the zig-zags.
Lastly the council should apologise for all of the above.
Yours faithfully,
[/indent]
As always keep a screenshot of the confirmation page.
#Post#: 26870--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: Riamo01
Date: June 20, 2024, 6:07 am
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Below is the reply from Walsall Council;
Dear,
We have looked into your complaint at Stage 1 of our complaints
process and can advise that Penalty Charge Notice XD46101416
has been reviewed and the CCTV footage shows the vehicle was
parked partially on the school keep clear restriction. The CCTV
footage was also available to see online before making an
appeal. Parking rules apply even if only part of your vehicle
is parked on the line and are there to ensure the safety of the
school children at drop off and pick up times. A vehicle even
partly parked where it is not allowed can still have a
considerable effect on traffic flow and safety.
The camera is serviceable and functioning correctly and the
vehicle was subject to enforcement by a Civil Enforcement
Officer viewing the evidence.
The Penalty Charge Notice was discretionary cancelled as a means
to educate the driver that vehicles even partially on the
restriction will be enforced upon.
We will continue to educate and enforce for the safety of
pedestrians outside this school.
This response now concludes Stage 1 of our complaints procedure,
based on the information that is available. We hope that you
find the information in this letter helpful and you are
satisfied with the outcome. If you are dissatisfied with this
response, you may, within 1 calendar month of the date of this
response, request that we review your complaint at Stage 2 of
our complaints process.
To do this, you will need to explain the reason why you remain
dissatisfied and what you are seeking as an outcome.
You can request the review via MyAccount
(
HTML https://myaccount.walsall.gov.uk
).
#Post#: 27229--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: ivanleo
Date: June 23, 2024, 6:24 am
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Well this is the video:
HTML https://www.youtube.com/watch?v=f7aT015f1RY
Looking at this still:
HTML https://i.imgur.com/LKEx3Rg.png
I'm not sure the car's front wheels weren't on the zig-zags, the
footage is inconclusive at best. I think that to take this any
further you'd have to go and park the car in the same position
and get photos to try and illustrate exactly where the front
bumped was with respect to the shadow of the nearside wing
mirror.
Given there's no longer any money in play, you need to decide
whether it's worth the hassle of pursuing this just as a matter
of principle, if you do I can draft a stage 2 response to send
back to the council but not without some photographic evidence
from you first.
#Post#: 27237--------------------------------------------------
Re: Walsall Council CCTV PCN- 48J Stopped in a restricted area,
Farringdon Street
DIR By: Riamo01
Date: June 23, 2024, 7:04 am
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Really appreciate your help, I am out of the town until 4th July
but will follow up with photo evidence once comeback as we have
time until 13th July.
For me its just a matter of principle otherwise council will
carry on with this if no one correct them.
Regards
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