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#Post#: 31873--------------------------------------------------
Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: seenit
Date: August 1, 2024, 11:34 am
---------------------------------------------------------
On Tuesday, I took my girlfriend out for a little lunch in the
city for her birthday, we decided to drive as she had a hospital
appointment at 2pm so it would've been easier for us to hop in
the car and zoom out of the city afterwards than walk home and
then drive out.
I parked on Ducie Street, opposite the Ducie Street warehouse,
walked over to the parking terminal to pay and got the code to
buy time using the 'pay by phone' app and purchased 2 hours from
12:21 to 14:21, returned to the vehicle at 13:50 to find the
dreaded yellow sticky pocket on the windshield, I wasn't too
concerned initially but instantly logged back onto the app to
figure out why we have a ticket when I had most definitely
purchased it, my eagle eyed girlfriend immediately pointed out
that I had incorrectly entered my own registration by 1 digit. I
entered XX61 XXX instead of XX71 xxx!!
I haven't had a PCN before and want to ensure that my appeal is
water tight as this was (to me at least) a clear and obvious
human error that would be reasonable for anyone to make, I still
paid for a ticket and left before my time was up, any advice or
drafting is very welcome and much appreciated
Attached: copy of the PCN
PCN IMGUR
HTML https://imgur.com/a/u29Qnzw
apologies, did try to get a BB code as the help post asks but it
would only give me the link option
location of the parking fine:
Google Maps Streetview
HTML https://maps.app.goo.gl/n4pEXHMWqMCXeAUk9
#Post#: 31874--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: fraser.mitchell
Date: August 1, 2024, 12:32 pm
---------------------------------------------------------
--- Quote ---
> clear and obvious human error that would be reasonable for
anyone to make,
--- End Quote ---
It's things like this that they dine out very generously on !
Clearly it's your error not theirs, so any reps you submit need
to be non-confrontational and reasonably humble, although not
"crawling on your belly" type. You will be asking them to use
their discretion in view of this simple human error. It is
entirely up to them whether to accept your reps or not. They
have not lost any money at all so morally, should do so. Be
aware that adjudicators can only decide on a law basis, and
cannot consider mitigation. This arose from a High Court case a
long time ago, probably in the 90s when decriminalised parking
enforcement came in.
You could try something like this -
Dear Sirs
Re PCN <number> dated <dd/mm/yyyy> served at Ducie Street
I wish to politely request that the above PCN be cancelled as it
only arose as the result of a very minor error when entering my
car registration letter into <name of pay-by-phone app>
On the date in question, I parked on Ducie Street to take my
girlfriend out in Manchester city on the ocasion of her
birthday. I paid to park using <PbP app> for a full two hours
and was therefore very surprised to find a PCN on my car when we
returned from lunch within the two hour period. A quick
examination of my PbP entry showed that I had made a very minor
typing error when entering the registration number, typing XX61
XXX instead of XX71 xxx. An easy mistake to make, and I hope you
will agree that an error like this, particularly when the
council have lost no money at all from my error, is minor and
does not require the imposition of penalty. I hope therefore
that you can cancel the PCN as a goodwill gesture. I shall make
sure I am more careful in future.
Yours faithfully
#Post#: 31896--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: stamfordman
Date: August 1, 2024, 4:55 pm
---------------------------------------------------------
Manchester will probably cancel this given its policy and
Incan's draft looks like it will do the trick.
HTML https://i.ibb.co/LSY2Vbr/Screenshot-2024-08-01-at-22-53-54.png
#Post#: 31910--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: Phantomcrusader
Date: August 2, 2024, 2:34 am
---------------------------------------------------------
It's odd that the penalty level is £50 when the regulations (see
reg 2(2)(b)(i)
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/3)
make the
contravention a higher level contravention requiring them to
impose a £70 penalty.
Due to this, it's reasonable to argue that a procedural
impropriety (P.I) has occurred and so the penalty must be
cancelled. It's a P.I because the council has failed to comply
with this instruction
--- Quote ---
> 1.—(1) Penalty charges for relevant road traffic
contraventions(1) must be set—
>
> (a)for higher level contraventions, at the level specified in
column (2) of one of the bands in Table 1, and
>
> (b)for all other contraventions, at the level specified in
column (3) of the band selected for higher level contraventions.
>
> (2) The discounted level for a penalty charge which is paid
early must be set—
>
> (a)for higher level contraventions, at the level specified in
column (4) of the band specifying the levels of the penalty
charges;
--- End Quote ---
#Post#: 31932--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: stamfordman
Date: August 2, 2024, 5:48 am
---------------------------------------------------------
--- Quote from: Phantomcrusader link ---
>
> It's odd that the penalty level is £50 when the regulations
(see reg 2(2)(b)(i)
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/3)
make the
contravention a higher level contravention requiring them to
impose a £70 penalty.
>
--- End Quote ---
06 is a lower level code - there must be something in that reg
that is either wrong or applies to a shared use bay.
#Post#: 31943--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: Phantomcrusader
Date: August 2, 2024, 6:51 am
---------------------------------------------------------
--- Quote ---
> 06 is a lower level code - there must be something in that reg
that is either wrong or applies to a shared use bay.
--- End Quote ---
According to the regs applicable to outside London, the code 06
contravention description they've used is a higher level
penalty. The word "must" is used making it a P.I to not comply.
The statutory guidance on parking enforcement says
--- Quote ---
> The guidance has no special authority in regard to matters of
legal interpretation. Where there appear to be differences
between the guidance and the legislation, the legislation always
takes precedence.
--- End Quote ---
I accept it's bizarre to challenge on the basis of being under
charged but it's there to be exploited if they don't cancel on
the discretionary ground mentioned.
#Post#: 31950--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: stamfordman
Date: August 2, 2024, 7:13 am
---------------------------------------------------------
--- Quote from: Phantomcrusader link ---
>
> [quote]06 is a lower level code - there must be something in
that reg that is either wrong or applies to a shared use bay.
--- End Quote ---
According to the regs applicable to outside London, the code 06
contravention description they've used is a higher level
penalty. The word "must" is used making it a P.I to not comply.
The statutory guidance on parking enforcement says
[/quote]
I'm sure someone will clear this up but obviously all codes for
P&D parking bays only are lower level in and out of London.
I think it may be an ambiguity in:
i.without displaying a permit, voucher or pay and display
ticket;
In that this means a bay that is only for all of these (a shared
used bay, which is a higher level) except of course it is also
higher for permit only bays. Hence the ambiguity. And of course
there is lower level code 19 and some others.
#Post#: 32033--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: Phantomcrusader
Date: August 2, 2024, 6:05 pm
---------------------------------------------------------
--- Quote ---
> I'm sure someone will clear this up but obviously all codes
for P&D parking bays only are lower level in and out of London.
--- End Quote ---
What makes you think this?
It also works to our favour when outside London someone is
issued a higher level code 12 PCN
--- Quote ---
> Parked in a residents’ or shared use parking place or zone
without a valid virtual permit or clearly displaying a valid
physical permit or voucher or pay and display ticket issued for
that place where required, or without payment of the parking
charge.
--- End Quote ---
without a valid virtual permit or without payment of the parking
charge. Schedule 3
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/3does
not
make parking without a valid virtual permit or without payment
of the parking charge a higher level penalty.
It goes to show that those that draft the regulations are
incompetent.
#Post#: 32036--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: stamfordman
Date: August 2, 2024, 6:33 pm
---------------------------------------------------------
--- Quote from: Phantomcrusader link ---
>
> [quote]I'm sure someone will clear this up but obviously all
codes for P&D parking bays only are lower level in and out of
London.
--- End Quote ---
What makes you think this?
[/quote]
Well what makes me think this is the history of parking
contraventions and the universal statement of lower level
penalties for these codes although there may be an exception for
one in Wales.
Patrol:
HTML https://i.ibb.co/rH70ZMX/Screenshot-2024-08-03-at-00-29-18.png
Standard PCN Codes v7.0
HTML https://i.ibb.co/pdRjVNX/Screenshot-2024-08-03-at-00-27-44.png
#Post#: 32037--------------------------------------------------
Re: Manchester City Council, Code 06 Parked without clearly
displaying a valid pay and display ticket or
DIR By: Phantomcrusader
Date: August 2, 2024, 6:35 pm
---------------------------------------------------------
Is this guidance or legislation?
--- Quote ---
> The guidance has no special authority in regard to matters of
legal interpretation. Where there appear to be differences
between the guidance and the legislation, the legislation always
takes precedence.
--- End Quote ---
I absolutely see where you are coming from Stamfordman. It's
been long accepted that the description is a lower penalty but
when the regs changed in 2022 so did some penalty amounts.
Typically, most councils did not check the new regs and just
carried on and now they are out of date which can be exploited.
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