DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 49884--------------------------------------------------
NTO Stockport Road, Longsight Parking During Prescribed Hours -
No PCN + Disabled Badge Holder
DIR By: student.223
Date: December 15, 2024, 7:14 am
---------------------------------------------------------
Hi,
Someone I know has received a Notice to Owner for failing to
respond to a PCN for 'Parked in a Restricted Street during
Prescribed Hours'.
I am going to help her write an appeal and am wondering if
someone can please provide some guidance on this? I would be
grateful for any help.
There are a few things:
1] This is the first she is hearing of this as she did not
receive the PCN. It wasn't attached to her vehicle. She also did
not receive anything in the post.
2] She is a disabled badge holder and:
A] Her disability badge was clearly displayed [as it always is]
with her time of arrival [11:30 am] set on the badge clock.
B] She was not parked during the 'No Loading' times.
C] She did not exceed the 3 hour parking time. She parked from
11:30 am to 1:30 pm.
I'm only a bit confused about the 'No Waiting' restriction on
the sign. Whether or not it applies to disabled badge holders.
I/she would like that they've made a mistake and they cancel the
fine altogether.
But if not then if they can at least re offer the discount
because she did not receive the PCN.
Images:
1] NTO. It's unclear. And she's only sent me the first page.
I've told her to send me the actual letter. I'll reupload once I
have it.
HTML https://imgur.com/a/IDHP4b7
2] A photo of the sign where she had parked.
HTML https://imgur.com/a/pWbEH4M
3] A picture of her disability badge
HTML https://imgur.com/a/DnugARA
Many thanks in advance :)
#Post#: 49886--------------------------------------------------
Re: NTO Stockport Road, Longsight Parked in a Restricted Street
During Prescribed Hours
DIR By: John U.K.
Date: December 15, 2024, 7:27 am
---------------------------------------------------------
Please give us a GSV link to the location.
#Post#: 49892--------------------------------------------------
Re: NTO Stockport Road, Longsight Parked in a Restricted Street
During Prescribed Hours
DIR By: stamfordman
Date: December 15, 2024, 7:43 am
---------------------------------------------------------
These are all the council's pics - no shot of dash so it seems
the CEO probably didn't check for a BB, which would have given
exemption.
No shot of PCN served either and the timing of 13:12 doesn't
suggest driveaway if parked til 13:30.
HTML https://i.ibb.co/G7jhbHQ/Screenshot-2024-12-15-at-13-40-06.png
HTML https://i.ibb.co/Jr30DbN/Screenshot-2024-12-15-at-13-38-58.png
HTML https://i.ibb.co/f4GtkX9/Screenshot-2024-12-15-at-13-38-51.png
HTML https://i.ibb.co/DYKcyGH/Screenshot-2024-12-15-at-13-38-38.png
HTML https://i.ibb.co/KNsC5tg/Screenshot-2024-12-15-at-13-39-07.png
#Post#: 49893--------------------------------------------------
Re: NTO Stockport Road, Longsight Parked in a Restricted Street
During Prescribed Hours
DIR By: student.223
Date: December 15, 2024, 7:45 am
---------------------------------------------------------
--- Quote from: John U.K. link ---
>
> Please give us a GSV link to the location.
>
--- End Quote ---
HTML https://www.instantstreetview.com/@53.454472,-2.197896,271.9h,-11p,1.78z,V9TxSQP9UC1k3_Qib0XWTA
The black KIA that's parked there on GSV is her car and that's
where she usually parks.
#Post#: 49895--------------------------------------------------
Re: NTO Stockport Road, Longsight Parked in a Restricted Street
During Prescribed Hours
DIR By: student.223
Date: December 15, 2024, 7:46 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> These are all the council's pics - no shot of dash so it seems
the CEO probably didn't check for a BB, which would have given
exemption.
>
> What time did she park there?
>
>
HTML https://i.ibb.co/G7jhbHQ/Screenshot-2024-12-15-at-13-40-06.png
>
HTML https://i.ibb.co/Jr30DbN/Screenshot-2024-12-15-at-13-38-58.png
>
HTML https://i.ibb.co/f4GtkX9/Screenshot-2024-12-15-at-13-38-51.png
>
HTML https://i.ibb.co/DYKcyGH/Screenshot-2024-12-15-at-13-38-38.png
>
HTML https://i.ibb.co/KNsC5tg/Screenshot-2024-12-15-at-13-39-07.png
>
--- End Quote ---
She parked from 11:30 am to 1:30 pm
#Post#: 49896--------------------------------------------------
Re: NTO Stockport Road, Longsight Parked in a Restricted Street
During Prescribed Hours
DIR By: stamfordman
Date: December 15, 2024, 7:49 am
---------------------------------------------------------
Yes sorry have modified my post. Looks like a solid case to make
reps with evidence of blue badge and no evidence of PCN served.
#Post#: 49899--------------------------------------------------
Re: NTO Stockport Road, Longsight Parked in a Restricted Street
During Prescribed Hours
DIR By: student.223
Date: December 15, 2024, 7:53 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> Yes sorry have modified my post. Looks like a solid case to
make reps with evidence of blue badge and no evidence of PCN
served.
>
--- End Quote ---
I truly appreciate the time you've taken to check and give
advice.
Thank you very much
#Post#: 49955--------------------------------------------------
Re: NTO Stockport Road, Longsight Parking During Prescribed
Hours - No PCN + Disabled Badge Holder
DIR By: H C Andersen
Date: December 15, 2024, 11:05 am
---------------------------------------------------------
She was not parked during the 'No Loading' times.
This is accepted by the council because otherwise the
contravention would have been given as 'parked or
loading/unloading where waiting.....'.
So let's shoot this hare even before it gets out of the traps.
The driver says they displayed a BB and 'parking disc' AKA clock
which was set to the quarter-hour time of 11.30 which means the
driver is declaring that they parked on or after 11.30 but
before 11.45.
However, there isn't any objective evidence of this. Neither
does there appear to be a photo of a PCN.
Perhaps...
I refer to the NTO dated *** in respect of a PCN allegedly
served on my vehicle at ** on ** alleging a contravention of
'parked....'.
The contravention did not occur because at the time I was
displaying my BB and clock in the prescribed position as
required for no more than 3 hours*. I enclose a copy for your
records.
As I did not find a PCN on my car when I returned, I had no
reason to photograph its position and therefore have no
objective evidence on this point, just as the authority do not
have objective evidence in the form of photos that such a PCN
was even served or disproving the display of a BB. However, as I
have held a BB for ** years, park at this location regularly-
indeed my car car be seen in the enclosed GSV dated ***- and
would assert at adjudication that my BB was displayed you've got
to ask yourself one question. Do you feel lucky? Well, do ya
****.
obviously the ending is optional!
*- there are two parts to the exemption granted to BB holders.
The 3-hour limit AND no return within 1 hour. Could the
contravention possibly be linked to the second limb?
#Post#: 49963--------------------------------------------------
Re: NTO Stockport Road, Longsight Parking During Prescribed
Hours - No PCN + Disabled Badge Holder
DIR By: student.223
Date: December 15, 2024, 11:45 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> She was not parked during the 'No Loading' times.
>
> This is accepted by the council because otherwise the
contravention would have been given as 'parked or
loading/unloading where waiting.....'.
>
> So let's shoot this hare even before it gets out of the traps.
>
> The driver says they displayed a BB and 'parking disc' AKA
clock which was set to the quarter-hour time of 11.30 which
means the driver is declaring that they parked on or after 11.30
but before 11.45.
>
> However, there isn't any objective evidence of this. Neither
does there appear to be a photo of a PCN.
>
> Perhaps...
> I refer to the NTO dated *** in respect of a PCN allegedly
served on my vehicle at ** on ** alleging a contravention of
'parked....'.
>
> The contravention did not occur because at the time I was
displaying my BB and clock in the prescribed position as
required for no more than 3 hours*. I enclose a copy for your
records.
>
> As I did not find a PCN on my car when I returned, I had no
reason to photograph its position and therefore have no
objective evidence on this point, just as the authority do not
have objective evidence in the form of photos that such a PCN
was even served or disproving the display of a BB. However, as I
have held a BB for ** years, park at this location regularly-
indeed my car car be seen in the enclosed GSV dated ***- and
would assert at adjudication that my BB was displayed you've got
to ask yourself one question. Do you feel lucky? Well, do ya
****.
>
> obviously the ending is optional!
>
> *- there are two parts to the exemption granted to BB holders.
The 3-hour limit AND no return within 1 hour. Could the
contravention possibly be linked to the second limb?
>
--- End Quote ---
Thank you for your reply.
She normally parks there between that time [11:30-1:30]and then
once she goes, she does not come back until the next day. That's
her daily routine.
Can I just confirm, the council have sent the PCN/NTO because of
the first 'no waiting' part of the sign isn't it? As a disabled
badge holder she can park in 'No Waiting' for up to three hours?
Is that right?
#Post#: 49973--------------------------------------------------
Re: NTO Stockport Road, Longsight Parking During Prescribed
Hours - No PCN + Disabled Badge Holder
DIR By: H C Andersen
Date: December 15, 2024, 1:00 pm
---------------------------------------------------------
Yes, if a BB and parking disc are displayed as required.
*****************************************************
Page 1 of 3
DIR Next Page