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#Post#: 2059--------------------------------------------------
Cpz
DIR By: Ali khan
Date: July 28, 2023, 12:00 pm
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Hi guys,
I was hoping to get some advice on a new cpz that's been
intoduced in my area and the road that's causing numerous
problems is Southville Road Bedford mk42 9ps, this went live on
the 3rd of july this year.
Numerous tickets have been issued namely for no parking permit,
but of late we have had tickets issued for not being parked in
the marked bays, to adhere to this we would make it impossible
for emergency vechiles to pass as the width is 245cm from bay
edge on one side of the road to the bay edge on the other side
and for this reason we would park on what used to be grass
verges that were concreted over to accommodate the safe passing
of vechiles but now for those that are parking on these verges
the council are issuing pcns. Is anyone able to tell me if the
width inbetween conforms to regulation standards and if it
doesn't can the cpz for this road be classified as null and void
until such a time it's corrected and that all those that were
issued tickets entitled to a refund or those going forward
contest on this point, street view will show at least i hope the
width in comparison to the adjacent roads, i look forward to any
help you might be able to give regards this matter.
Road view here,
HTML https://www.google.com/maps/@52.1218969,-0.4712496,3a,75y,45.92h,80.27t/data=!3m6!1e1!3m4!1s4zq-TDaqydEnJtAqW0JiLQ!2e0!7i16384!8i8192?entry=ttu
Thanks in advance,
Ali
#Post#: 2061--------------------------------------------------
Re: Cpz
DIR By: John U.K.
Date: July 28, 2023, 12:11 pm
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Please add both sides of the PCN and a copy of your challenge.
#Post#: 2062--------------------------------------------------
Re: Cpz
DIR By: Ali khan
Date: July 28, 2023, 12:30 pm
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These are the pics of front and back of pcn aswell as signage
[attachment deleted by admin]
#Post#: 2063--------------------------------------------------
Re: Cpz
DIR By: Ali khan
Date: July 28, 2023, 12:45 pm
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Appeal
[attachment deleted by admin]
#Post#: 2065--------------------------------------------------
Re: Cpz
DIR By: John U.K.
Date: July 28, 2023, 1:22 pm
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GSV shows that you had a 'legitimate expectation' of
part-parking on footway.
----------
Just noting these for the wider issue.
Road widths are given here
HTML https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/341513/pdfmanforstreets.pdf
page 79 and onstreet parking discussed pages 102ff.
Road widths are also discussed here
HTML https://mocktheorytest.com/resources/how-wide-are-roads/
#Post#: 2075--------------------------------------------------
Re: Cpz
DIR By: ivanleo
Date: July 28, 2023, 7:38 pm
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As per the guidance here
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/<br
/>please re-post the front of the PCN without redacting
anything.
#Post#: 2087--------------------------------------------------
Re: Cpz
DIR By: guest179
Date: July 29, 2023, 3:18 am
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GSV shows that you had a 'legitimate expectation' of
part-parking on footway.
Sorry John UK, why is this very limited legal defence engaged
here?
The most recent GSV shows shots from June 2023 and April 2012,
not a comprehensive time series. In addition, there weren't
parking bays in 2012, so the situations are chalk and cheese
IMO.
OP, what is the backstory here and pl can we have a clear photo
of one of the parking signs - they're covered in GSV.
#Post#: 2092--------------------------------------------------
Re: Cpz
DIR By: John U.K.
Date: July 29, 2023, 5:09 am
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--- Quote ---
> GSV shows that you had a 'legitimate expectation' of
part-parking on footway.
>
> Sorry John UK, why is this very limited legal defence engaged
here?
> ...pl can we have a clear photo of one of the parking signs -
they're covered in GSV.
--- End Quote ---
The sign is in reply#2.
It would appear that GSV date is before the new scheme came into
force. However, the series of GSV shot give strength to the OP's
challenge in reply#3. As the residents had always parked in that
manner because otherwise (as was proved this week with a rubbish
collection vehicle) wide vehicles cannot get through
(fire-engines?) it seems reasonable to me that absent any
direction to park wholly in marked bays, they would continue to
park in the accustomed manner. I am aware that as a defence to
the current PCN it would only work once, but am assuming the
experts here may also be able to find further reasons for
cancellation of the PCN after, for example, examiming the 'small
print' and the TMO...
It surely cannot be right that the Council are insisting that
cars park in such a manner as to cause an obstruction - in
itself an offence.
-------------
Note to Ali
You are fighting on two fronts --
1) against the current PCN
2) against the execution of the new scheme itself.
#Post#: 2094--------------------------------------------------
Re: Cpz
DIR By: guest179
Date: July 29, 2023, 5:32 am
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I can see a close-up of a traffic sign. No idea where it is or
if Southville what side of the road. Indeed, we haven't seen any
photos of the OP's car in contravention.
OP, we only see what you post, not the context.
And as regards uncorroborated claims about refuse vehicles.. As
I posted but to which the OP has not replied, we need the
backstory. IMO and IME it totally implausible that this issue
has come out of the blue and equally that the general points
raised here have not already been aired with and considered by
the council.
IMO, there is no chance of a successful defence of legitimate
expectation based only on the evidence of a moment in time
snapshot.
#Post#: 2109--------------------------------------------------
Re: Cpz
DIR By: John U.K.
Date: July 29, 2023, 7:17 am
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--- Quote ---
> I can see a close-up of a traffic sign. No idea where it is or
if Southville what side of the road.
--- End Quote ---
It is the same sign as covered up in GSV. Note the telegraph
pole, the background houses, satellite dish and roses!
HTML https://www.google.com/maps/@52.1218969,-0.4712496,3a,31.4y,324.15h,85.88t/data=!3m6!1e1!3m4!1s4zq-TDaqydEnJtAqW0JiLQ!2e0!7i16384!8i8192?entry=ttu
-------
Ali, could you give us the date when the covers came off and the
scheme began, please.
Also give us some idea of the consultations before the scheme
was made and the advance warnings of its commencement.
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