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#Post#: 35709--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: fraser.mitchell
Date: September 5, 2024, 4:08 am
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--- Quote from: ezycraf link ---
>
> [quote author=Daim456 link=topic=2988.msg35518#msg35518
date=1725391936]
> Follow the appeal process, otherwise it would be messy.
>
> Edinburgh City Council usually allow you a further 14 days to
pay the discount rate when you recieve a Notice of Rejection.
>
--- End Quote ---
thanks, where can I confirm that I would get 14 days discounted
rate even after the appeal rejection? Any links etc. That would
give me a bit more confidence to fight my case.
[/quote]
There's normally something about this in the small print on the
back of the PCN. Look in 'how to challenge'
#Post#: 35903--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: ezycraf
Date: September 6, 2024, 9:40 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=ezycraf link=topic=2988.msg35708#msg35708
date=1725527073]
> [quote author=Daim456 link=topic=2988.msg35518#msg35518
date=1725391936]
> Follow the appeal process, otherwise it would be messy.
>
> Edinburgh City Council usually allow you a further 14 days to
pay the discount rate when you recieve a Notice of Rejection.
>
--- End Quote ---
thanks, where can I confirm that I would get 14 days discounted
rate even after the appeal rejection? Any links etc. That would
give me a bit more confidence to fight my case.
[/quote]
There's normally something about this in the small print on the
back of the PCN. Look in 'how to challenge'
[/quote]
I checked I can't find anything on the PCN or online. Can
someone confirm from experience or any info suggesting that it
is the case would be really useful. thanks
#Post#: 35966--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: fraser.mitchell
Date: September 6, 2024, 6:23 pm
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It is almost inevitable that any representations you submit will
be rejected, so best not to be too hung-up on the discount. The
person reading your reps will be totally ignorant of the law and
will just send you a Fob-Off letter. You'll only get an unbiased
judgment at the adjudicators.
Scotland are still on the old 1991 legislation. It was only when
Statutory Guidance came in with the Traffic Management Act 2004,
that this guidance advised that when rejecting informal
challenges received within the discount period, that the
discount should be re-offered, and most English councils have
this on their PCNs. You will have to contact the council and
ask if there is nothing on the PCN about this.
#Post#: 35968--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: FaeLLe
Date: September 6, 2024, 6:33 pm
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Edinburg Council Parking Enforcement Protocol is clear that no
signs are required on motorcycle bays :
HTML https://www.edinburgh.gov.uk/downloads/file/31423/parking-enforcement-protocol-v3-october-2022
OP I would stand up for my values and fight this PCN, it is
clear they are exploiting motorists while refusing to invest in
making legally compliant bays.
You should invest some time on this site:
HTML https://www.keycases.info/
Mr H – v – Nottingham City Council (NG00056-2402) stated the
following:
- Signs and lines must adequately advise the motorist of the
restriction, but do not need to be in pristine condition.
Substantial compliance with the regulations is sufficient, but
signs must not mislead or fail to inform.
- There is no requirement on the civil enforcement officer to
record the model of the vehicle.
- There is no right to an observation period or period of grace.
- The 50% discount is offered to the penalty charge notice only
– any further discount is at the council’s discretion.
- The authority has a period of six months to serve the Notice
to Owner.
Within the decision:
5. The paintwork of the double yellow lines and of the single
yellow kerb marks does not need to be in perfect condition but
must substantially comply with the specification. The
key question is whether the extent of any deterioration in the
marking is such that the position becomes misleading or fails to
inform the motorist (Court of Appeal in R v the
Parking Adjudicator and Sunderland City Council ex parte Herron
and another [2011] EWCA Civ 905).
[/quote]
I think in your matter it is clear the extent of any
deterioration in the marking is such that the position becomes
misleading or fails to inform the motorist.
I would dig out and read this case: Court of Appeal in R v the
Parking Adjudicator and Sunderland City Council ex parte Herron
and another [2011] EWCA Civ 905
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