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#Post#: 28231--------------------------------------------------
Penalty Charge Notice for the reason of Contravention code 30
and parked for longer than permitted.
DIR By: cyril
Date: July 1, 2024, 4:58 pm
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Hi Guys,
My freind got a pcn and this is the letter he wrote and the
parking services did not cancel the PCN and also did not
mentioned anything about the marking lines fading away, as you
can see from thier response and image of the road limited bay.
Has he got a chance for appeal.
HTML https://i.imgur.com/Id0i93K.jpeg
HTML https://i.imgur.com/NZpjrqg.jpeg
HTML https://i.imgur.com/7EPmc5M.jpeg
HTML https://i.imgur.com/QiClUA4.jpeg
HTML https://i.imgur.com/ED19Lc6.jpeg
HTML https://maps.app.goo.gl/JMXjSLUTg7ppS2UZ8
HTML https://lancashire.tarantoportal.com/PCN/ViewImages
Lancashire Parking Services,
PO BOX 1023
Preston,
PR1 3ZA
Dear Sir or Madam,
Parking ticket number: LQ53062433
Date of issue: 29/06/2024
Vehicle registration number: VK55ZWD
I am writing to formally challenge the above Penalty Charge
Notice.
On 29th June 2024 my vehicle was issued with a Penalty Charge
Notice for the reason of Contravention code 30 and parked for
longer than permitted.
First of I like to apologized the inconvenience caused. However,
I would like to explain why I had parked where I did and I would
like to submit an appeal for the following reasons:
Please see attached evidence of the disabled badge, as i forgot
to displayed the Disable badge on my car dashboard, as I had to
come on emergency as my mother in law had a fall, she lives on
her own and had a phone call from telecare, so I had to make an
urgent visit, as the family member who usually look after was
away to London and there was no one in the house.
We had the 2 nurses come Michelle and Carolyn from Urgent
Community Rapid response team, which I was panicking and rushed
to come to Preston and the Nurses were already here and the
carer, which took all of us 4 hours to get her up, make her
safe, as she is very vulnerable.
She has Dementia/Alzheimer’s, One eye loss of eyesight’s, Breast
Cancer, Chronic Kidney Disease, High Blood Pressure, High
Cholesterol, Incontinence issues, Knees Bone to Bone, Arthritis,
Mental Health issue, Depression, Very Confused and Vulnerable.
She needs to be monitored 24hrs due to her Vulnerability and
lives on her own.
I am requesting under compassionate reasons for cancelling the
PCN that the fine be waived for this reason.
I would like to point out the marking bay lines is also faded
and hard to see where limited bay starts and finish.
Yours faithfully,
#Post#: 28245--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: fraser.mitchell
Date: July 1, 2024, 5:59 pm
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The informal challenge was not confrontational in any way, so I
am surprised they are playing hard-ball and not cancelling the
PCN. Councils usually have a policy on responding to challenges
to PCNs, and sometimes this is publicly available on their
website, but I had a quick look and if its there, a more
detailed search would be necessary as it is not on the parking
pages.
So is it worth waiting for the Notice to Owner ? In theory, the
discount option is lost if one waits for this, but many councils
do re-offer the discount when rejecting formal representations
against an NtO, but nothing is in writing to tell you this !
Therefore I would wait a bit for others to contribute, but
clearly your friend would be requesting a discretionary
cancellation. I don't think the worn bay markings are strong
grounds for an appeal at the adjudicators, as the signs are
clear, and also your reps implied the bay was clear enough to
need to look at the signs and hence use the BB.
However, as I said, wait a bit for others to comment. Only
question is this - has your friend had a PCN cancelled in
similar circumstances, (failure to display the BB) ?
#Post#: 28257--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: ivanleo
Date: July 1, 2024, 6:53 pm
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These are the council photos:
HTML https://i.imgur.com/WGhVevs.png
HTML https://i.imgur.com/Nzv9tPV.png
HTML https://i.imgur.com/LTDeFNC.png
HTML https://i.imgur.com/gy4Zg2Q.png
HTML https://i.imgur.com/GwILbSj.png
HTML https://i.imgur.com/CvfRjZz.png
HTML https://i.imgur.com/rrB2kCH.png
HTML https://i.imgur.com/p8KzaCH.png
I'm not sure an appeal based on the signage would get very far.
If your friend waits for the notice to owner and then make a
representation within 14 days of the date of issue, then the
discount is almost invariably reoffered, so there is limited
risk in carrying on; and formal representations are often given
more thorough consideration by a more senior officer.
In the meantime I'll get hold of the traffic order for this bay,
you never know it might not exist (we've had a number of such
cases recently).
#Post#: 28319--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: Enceladus
Date: July 2, 2024, 7:49 am
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Was the Blue Badge that you sent a copy of to the council issued
to you, or was it your Mother-in law's?
#Post#: 28327--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 2, 2024, 9:30 am
---------------------------------------------------------
Thank you for your replies.
He had replied to them when he received the PCN and they
rejected. he has until 14/07/2024 to pay with discount. He can
contest Penalty Charge Notice and waiting for the Notice to
owner from the council, which he will lose the discount. I told
him you should of contacted me and I would of asked the forum on
behalf you.
Council are just compassionate at all and just rejecting , so
you just pay up, by saying we are giving you discount. I don't
think this council will offer discount again.
He never had BB cancelled, as this is his first time.
Blue Badge was issued to his wife and she went to help out on
that day Mother in law who lives in different town, as other
family member went to London.
I don't understand on this comment traffic order for this bay,
you never know it might not exist
#Post#: 28332--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: fraser.mitchell
Date: July 2, 2024, 10:19 am
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The Traffic Order is what imposes the parking restriction, the
sign is there to tell motorists what the restriction is. If no
Traffic Order exists for the street, then despite a sign being
there, there is no contravention, because the PCN has been
served for a contravention of the Traffic Order, not the sign.
However, in most cases there is a Traffic Order, but we have
found a few missing recently.
#Post#: 28358--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 2, 2024, 1:20 pm
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HTML https://i.imgur.com/hncjpOn.jpeg
Traffic Order map i digged out.
#Post#: 28490--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: ivanleo
Date: July 3, 2024, 12:00 pm
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No idea what that is, it might be an extract from a traffic
order but a map on its own isn't worth diddly squat. An example
of a traffic order would be the Curzon Street Area (Various
Roads) Burnley, Burnley Borough (Part Revocation, Prohibition Of
Waiting, Prohibition Of Loading, Limited Waiting etc) Order 2013
HTML https://drive.google.com/file/d/1QKlZ-g5RwJlqGGhY_SqyjCXtLoAoADob/view.<br
/>There is no quicker way to get the traffic order, you're just
going to have to wait for the council to send it to me.
That being said I think a case of compelling mitigation should
be put to the council at the formal representations stage, which
is why my advice is to wait for the notice to owner. If in the
meantime we find out the TRO is flawed or missing, so much the
better.
#Post#: 28511--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 3, 2024, 1:21 pm
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Thanks i see the detailed of the Traffic order information for
the Burnley, Curzon street area.
I will inform my friend not to pay and wait for the Notice to
Owner.
#Post#: 28525--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: H C Andersen
Date: July 3, 2024, 1:55 pm
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OP, and while the NTO is working its way through the system, pl
get your friend to re-order the issues to present a timeline pl.
I live with my wife in ****;
Her mother, who is severely disabled, lives in *** with **** as
a carer;
On *** my wife received a phone call/message from *** to the
effect that ****;
We immediately drove to *** and parked in *** which is where my
MIL lives;
My wife holds a BB, however in our rush we forgot to display
this;
The situation in my MIL's house was **** and we stayed for ***
until ***.
I won't offer a view on whether and for how long a BB would
exempt the driver in this bay, others will comment. However,
what's clear is that if on display it exempted the holder from
the parking restriction without limit then this is strong
mitigation. But if even on display it wouldn't exempt the holder
from the time limit then its display is neither here nor there
because the car was in situ for more than 1 hour. I think it's
necessary to decide what emphasis to place on the BB compared to
mitigating factors regarding the purpose of the visit and the
situation you found. IMO it works to your advantage that the BB
was not yours because if your wife's disability meant that if
she was left with your MIL she would be of little assistance
then you could hardly have left them in order to move your car
out of prospective contravention.
I think we need a full set of facts beginning before you parked
in order to work out where your main line(s) of defence might
lie and how to present these to maximum effect.
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