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#Post#: 41575--------------------------------------------------
Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: iffy_jiffy
Date: October 20, 2024, 1:19 pm
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Hi,
I would appreciate if someone could assist and provide advise on
next steps, including [member=1]cp8759[/member].
I have received a penalty charge notice (PCN) from Manchester
City Council for a parking contravention on Banff Street,
Manchester (M14 5TA) on Wednesday 16/10. Image of the PCN has
been shown via the link below.
I have the following issues with the PCN:
1. The Permit Parking Sign was not clear
2. The Permit Parking Sign was on on one side of the street only
3. The Permit Parking Sign was not at the beginning of the
street but further back about 10/15 metres
4. The Permit Parking Sign did not have a clear line of sight -
for any driver turning into the street
5. The Permit Parking Sign was blocked by a lorry and a cage
6. The Permit Parking Sign did not have any lighting to make it
clear and visible on a dull day
7. The road did not have any designated parking markings on the
ground
I have attached a number of images (may have to refresh the link
a few times for the image to appear):
*1. PCN -
HTML https://imgur.com/a/pcn-xbJehyB
HTML https://i.imgur.com/BOQjDua.jpeg
*2. View of the street showing the Permit Parking Zone sign
blocked by lorry -
HTML https://imgur.com/a/view-of-entering-banff-street-manchester-m14-5ta-iuj5aJ4
*3. View of the Permit Parking Zone sign being further aback on
Banff Street and not at the entrance -
HTML https://imgur.com/a/view-of-permit-parking-zone-sign-being-further-aback-on-banff-street-manchester-m14-5ta-not-entrance-IgIMx8r
*4. Lack of designated parking markings on the road -
HTML https://imgur.com/a/lack-of-parking-markings-on-banff-street-manchester-m14-5ta-v5gfvao
I do have additional images if these are required, i can post
these also.
**
For info: Contravention 12 relates to:
Parked in a residents or shared use parking place or zone
without clearly displaying either a permit or voucher or Pay
Display ticket issued for that place - higher level - £70
HTML https://www.manchester.gov.uk/info/471/tickets_and_fines/3464/parking_contravention_codes_and_charges
**
Also, i have tagged in [member=1]cp8759[/member] but not sure if
i've done this right - apologies if i haven't. Any idea how i
need to do this if i've got this wrong? Thanks in advance.
Regards,
Irfan.
#Post#: 41580--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: stamfordman
Date: October 20, 2024, 2:05 pm
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What is the car VRM.
Or post the council's pics yourself.
It's Banff Road not Street.
HTML https://maps.app.goo.gl/LnB5FiABg8ui1Zux9
#Post#: 41582--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: ivanleo
Date: October 20, 2024, 2:18 pm
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[member=3087]iffy_jiffy[/member] as per the guidance
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 give us the number plate. Hiding it just makes it
harder
for us to help you.
#Post#: 41585--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: iffy_jiffy
Date: October 20, 2024, 2:27 pm
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Apologies. Car number plate is DV09 OEK.
Thanks [member=2249]stamfordman[/member] +
[member=1]cp8759[/member].
#Post#: 41587--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: stamfordman
Date: October 20, 2024, 3:16 pm
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Bingo - you can see that truck in the CEO's pic.
I can't see any repeater sign in this short street, only entry
signs at each end.
The CEO did not include a pic of the sign you passed, only your
car.
HTML https://i.imgur.com/9sIcVNw.png
Your pic:
HTML https://i.imgur.com/HryXWVM.jpeg
#Post#: 41590--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: Phantomcrusader
Date: October 20, 2024, 3:45 pm
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According to Manchester’s website
HTML https://www.manchester.gov.uk/info/500347/resident_parking_schemes/8564/rusholme_and_moss_side_residents_parking_scheme/3.<br
/>They don’t issue paper resident permits for this zone which
must
mean they issue digital virtual permits. In which case the code
12 contravention description they used is wrong since you cannot
display a digital or virtual resident permit. The correct code
12 description is laid out in the statutory guidance issue by
the Govt
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#annex-b-contravention-codes-for-civil-parking-enforcement-england-wide<br
/>and it is “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” but they failed to use it. Your failure is
parking without a valid virtual permit but they’ve not accused
you of that.
Even if they had, the current legislation does not make failing
to park without a valid virtual permit a higher level parking
contravention. For some reason the legislation has not taken
technology into account and is still restricted to the non
display of a permit. See 2(2)(b)
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/3.
This
means the PCN should be £50 not £70.
#Post#: 41591--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: iffy_jiffy
Date: October 20, 2024, 3:55 pm
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Correct [member=2249]stamfordman[/member]. There were no signs
in the street, only 1 single sign on a post at each end if the
street.
Are there meant to be signs for permit parking only on the
street also?
See picture of the other side ive just uplpaded -
HTML https://imgur.com/a/banff-road-manchester-m14-5ta-s8Db9Zk
Thank you.
#Post#: 41592--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: iffy_jiffy
Date: October 20, 2024, 3:56 pm
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[member=904]Phantomcrusader[/member] does this mean that the
ticket they've issued is incorrect?
Thanks,
Irfan.
#Post#: 41595--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: ivanleo
Date: October 20, 2024, 4:05 pm
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[member=3087]iffy_jiffy[/member] here's a draft representation:
[indent]
Dear Manchester City Council,
I challenge liability on the ground that the alleged
contravention did not occur, I have viewed the photos taken by
the CEO and they do not show any contravention whatsoever.
Yours faithfully,
[/indent]
Submit this online at
HTML https://manchester.tarantoportal.com/
and
make sure to take a screenshot of the confirmation page.
Don't bring in the excess penalty at this stage, there's no
reason to admit there was any parking place there at all (let
them do the leg work for you).
The traffic order is The City of Manchester (Rusholme and Moss
Side Area) (Prohibition and Restriction of Waiting, Limited
Waiting Parking Places and Residents Parking, Loading Bays and
Amendment) Order 2023
HTML https://drive.google.com/file/d/1Qi8e8BtIapxx7E93kBfJDQrGWBtJCOs0/view
#Post#: 41597--------------------------------------------------
Re: Manchester City Council - Code 12 - Parked in a "Permit
Parking Zone" but sign blocked and not clear
DIR By: iffy_jiffy
Date: October 20, 2024, 4:09 pm
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Hi [member=1]cp8759[/member],
I'll submit as per the draft and take a snippet of the
confirmation.
Much appreciated for all the help.
Regards,
Irfan.
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