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#Post#: 45683--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: seanjean123
Date: November 15, 2024, 2:05 am
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--- Quote from: John U.K. link ---
>
> [quote]author=Incandescent
link=topic=3829.msg45666#msg4[i]5666 date=1731626288]
> Sorry, but surely the previous photos show a "No parking on
verges" sign right at the front of your car ?
> I thought the argument was that your parking was on the
hardstanding, and the photos would seem to support this. [/i]
--- End Quote ---
[img width=877.5
height=618]
HTML https://i.imgur.com/V0eWDiI.jpeg[/img]
[img width=877.5
height=1955]
HTML https://i.imgur.com/GRHVvfi.jpeg[/img]
I'd still go with my draft suggestion in post Reply#14
[/quote]
OK see what you are saying. There are two signs. But will go
with the earlier draft suggestion thanks
#Post#: 45684--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: John U.K.
Date: November 15, 2024, 2:18 am
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Please post yr draft here for comment before sending.
#Post#: 45798--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carria
DIR By: seanjean123
Date: November 15, 2024, 6:25 pm
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planning to go with something like this. please provide
feedback. I plan to submit tomorrow. Thanks
I am writing to formally challenge the Penalty Charge Notice for
the alleged contravention of “parking with one or more
wheels on any part of an urban road other than a
carriageway.”
I believe the PCN was issued incorrectly for the following
reasons:
Vehicle Position:
The council's photographic evidence clearly shows that my
vehicle was parked entirely on the tarmac hardstanding of the
Swan Hotel's car park and not on the verge. While there may have
been a minor overhang of the bumper or one wheel, this is
negligible and falls under the legal principle of “de
minimis.” As such, the contravention alleged did not
occur.
Signage and Ambiguity:
The "No Parking on Verge" sign visible in the photos is
positioned in such a way that it applies to the area behind the
sign (i.e., further onto the grass verge). My vehicle was parked
on the hardstanding in front of the sign, making the restriction
ambiguous at best.
Incorrect Contravention Code:
The contravention code cited in the PCN is incorrect. If there
were a valid reason to enforce a penalty, the correct code
should have been for parking on a footpath or private road, as
detailed in Annex B of the Secretary of State’s Statutory
Guidance. The use of an incorrect code invalidates this PCN.
Private Property:
My vehicle was parked on private land owned by the Swan Hotel or
its parking operator, as indicated by the signage at the car
park entrance. The council does not have jurisdiction to issue
PCNs on this land without a clear and applicable Traffic
Regulation Order (TRO), which I believe does not exist in this
case.
For these reasons, I respectfully request that the PCN be
canceled.
I look forward to your response and am confident this matter can
be resolved promptly.
#Post#: 45832--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: baroudeur
Date: November 16, 2024, 10:01 am
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The grass areas are council property, impose the boundary of the
car park block paved area, and the 'No Parking' signs relate to
those areas.
This is a case of de minimus and council enforcement at its
worst. But, that's Bedford's modus operandi unfortunately.
#Post#: 45835--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: seanjean123
Date: November 16, 2024, 10:16 am
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Please can someone have a look at my reply and see if this is
ok.
Thanks
#Post#: 45836--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: H C Andersen
Date: November 16, 2024, 10:26 am
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I'd just change 'formally challenge' to 'challenge' (the
'formal' stage is yet to come, see the enforcement process:
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process)<br
/>then IMO you're good to go. If they reject, then at least we
should see their reasoning.
#Post#: 45839--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: stamfordman
Date: November 16, 2024, 11:12 am
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I can't see any need for anything more than 'The contravention
did not occur - the council's photographic evidence clearly
shows that my vehicle was parked entirely on the tarmac
hardstanding of the Swan Hotel's car park and not on the verge.'
But you may as well throw in the kitchen sinks.
#Post#: 45873--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: H C Andersen
Date: November 17, 2024, 4:52 am
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IMO, the wrong contravention should be put to them as well.
'Urban road' went out with the Ark.
#Post#: 51174--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: seanjean123
Date: December 28, 2024, 6:12 am
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Hi all,
I responded on the website to the charge and challeneged it. I
did not receive anything back until today. I received a letter
from the post saying i should pay GBP 70 as i did not pay the
GBP35. I did not even receive anything about my challenge if it
was successful or not. Please how should i proceed
#Post#: 51184--------------------------------------------------
Re: Bedford, Code 62 Parked with one or more wheels on any part
of an urban road other than a carriage way, Embankment
DIR By: mdann52
Date: December 28, 2024, 7:52 am
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Have you checked the address on your V5C is correct and up to
date?
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