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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 60141--------------------------------------------------
Re: Manchester City council pcn
DIR By: Zedbee
Date: March 1, 2025, 4:03 pm
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Hi thanks for your reply.
no works that we could see
#Post#: 60190--------------------------------------------------
Re: Manchester City council pcn
DIR By: stamfordman
Date: March 2, 2025, 6:15 am
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See also this case:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/suspended-bay-penalty-charge-notice-(mcc)/
I would challenge this on the lines Mr Anderson puts forward but
draft something and post here first.
That there is no council pic of your car in relation to the sign
is one point; the works finished another.
#Post#: 60448--------------------------------------------------
Re: Manchester City council pcn
DIR By: Zedbee
Date: March 3, 2025, 4:22 pm
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hi heres my first draft
I would like to appeal this ticket on the following basis:
The suspension sign was far away from the bay I was parked in,
hence why there is no picture by the CEO of my car in relation
to the suspension sign
There were zero signs of any works being done – no works
vehicles, no workers, no skips – this is supported by the
pictures taken by the CEO which show no such activity
There was no indication on the road that the bay was suspended –
no cones, no markings
because disabled bays are in short supply, it was reasonable to
conclude that they had been brought back into use hence no
cones, they were due to end on 28th Feb 2025 and my ticket was
issued on 25th February 2025 and works had apprently concluded.
#Post#: 60493--------------------------------------------------
Re: Manchester City council pcn
DIR By: H C Andersen
Date: March 4, 2025, 5:50 am
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I saw the road marking 'Disabled' and parked as seen in the
CEO's photos. I displayed my BB and clock and left. I did not
look at the traffic sign because my stay was going to be short
enough to fall within any BB restriction. I returned to find the
PCN. I then looked at the traffic sign post and saw the
suspension notice. This stated that the 3 bays which comprised
this parking place were suspended from ** to 28 Feb. due to
'works'.
The CEO's photos show that the area was absolutely clear of any
works or associated paraphernalia, including the road surface
having been made safe for vehicles to park, and that the purpose
of the suspension had clearly ceased. This is hardly surprising
given the extended period of the suspension (over 4 months) i.e.
whoever was undertaking the works would have given themselves a
safety buffer of time when applying for the suspension.
I suggest that this is a case of left and right hands within the
council not co-ordinating their activities i.e. whoever
authorised this suspension had lost sight of the council's
obligation to maximise the availability of these disabled spaces
and had not checked whether the legal (Traffic Regulation Order)
basis under which the council was permitted to suspend the space
by the simple **** of signs existed on 25 Feb.(simply paying the
fee does not satisfy the council's policy criterion of need) and
the CEO simply applied a date perspective.
In summary, the only power under which a parking place may be
suspended by officers derives from the TRO which requires that
specified conditions must be met before a bay may be suspended.
The concomitant of this is that when this condition ceases to
apply then the suspension has no legal effect. The **** of signs
is simply a subsequent requirement and of itself is not evidence
that a lawful suspension is in place.
I submit that the contravention did not occur and that the PCN
must therefore be cancelled.
Is my take.
Edit- by way of example, see paras. 28 and 30 of one of MCC's
TROs:
HTML https://tro.trafficpenaltytribunal.gov.uk/TRO/Manchester/MC232.pdf
#Post#: 62433--------------------------------------------------
Re: Manchester City council pcn
DIR By: Zedbee
Date: March 13, 2025, 6:26 pm
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as expected they have refused a my representation, I assume i
wait for notice to keeper and then appeal again and take it
adjudicator. what do you guys think the prospect of me
succeeding is?
#Post#: 62439--------------------------------------------------
Re: Manchester City council pcn
DIR By: fraser.mitchell
Date: March 13, 2025, 7:39 pm
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You should succeed because once the reason for the suspension
ceases, (the works), the suspension has no effect, and any PCNs
issued are hence void. However, such is council ignorance of the
law on this that they will refuse all your reps until you get
them in front of an adjudicator.
#Post#: 62468--------------------------------------------------
Re: Manchester City council pcn
DIR By: H C Andersen
Date: March 14, 2025, 6:13 am
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Their rejection letter pl.
#Post#: 62471--------------------------------------------------
Re: Manchester City council pcn
DIR By: Zedbee
Date: March 14, 2025, 6:27 am
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hi sorry here is their reply
[attachment deleted by admin]
#Post#: 70276--------------------------------------------------
Re: Manchester City council pcn
DIR By: Zedbee
Date: May 6, 2025, 12:01 pm
---------------------------------------------------------
Hi I would like to thank you for the below. Manchester Council
dropped it at Adjudication and so I got my email today that its
not contested and has been dropped. So massive thanks
--- Quote from: H C Andersen link ---
>
> I saw the road marking 'Disabled' and parked as seen in the
CEO's photos. I displayed my BB and clock and left. I did not
look at the traffic sign because my stay was going to be short
enough to fall within any BB restriction. I returned to find the
PCN. I then looked at the traffic sign post and saw the
suspension notice. This stated that the 3 bays which comprised
this parking place were suspended from ** to 28 Feb. due to
'works'.
>
> The CEO's photos show that the area was absolutely clear of
any works or associated paraphernalia, including the road
surface having been made safe for vehicles to park, and that the
purpose of the suspension had clearly ceased. This is hardly
surprising given the extended period of the suspension (over 4
months) i.e. whoever was undertaking the works would have given
themselves a safety buffer of time when applying for the
suspension.
>
> I suggest that this is a case of left and right hands within
the council not co-ordinating their activities i.e. whoever
authorised this suspension had lost sight of the council's
obligation to maximise the availability of these disabled spaces
and had not checked whether the legal (Traffic Regulation Order)
basis under which the council was permitted to suspend the space
by the simple **** of signs existed on 25 Feb.(simply paying the
fee does not satisfy the council's policy criterion of need) and
the CEO simply applied a date perspective.
>
> In summary, the only power under which a parking place may be
suspended by officers derives from the TRO which requires that
specified conditions must be met before a bay may be suspended.
The concomitant of this is that when this condition ceases to
apply then the suspension has no legal effect. The **** of signs
is simply a subsequent requirement and of itself is not evidence
that a lawful suspension is in place.
>
> I submit that the contravention did not occur and that the PCN
must therefore be cancelled.
>
> Is my take.
>
> Edit- by way of example, see paras. 28 and 30 of one of MCC's
TROs:
HTML https://tro.trafficpenaltytribunal.gov.uk/TRO/Manchester/MC232.pdf
>
--- End Quote ---
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