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#Post#: 241--------------------------------------------------
PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: feelsunfair
Date: June 19, 2023, 7:57 pm
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This post is a continuation from my thread on Fightback Forums
HTML http://forums.pepipoo.com/index.php?showtopic=149480.
Summary
Location: Barnfield Road (Street view
HTML https://www.google.co.uk/maps/place/9+Barnfield+Rd,+Burnt+Oak,+Edgware+HA8+0AY/@51.6017885,-0.2676607,3a,63y,44.78h,88.13t/data=!3m6!1e1!3m4!1s79LlEL3ve7m1arQ0yZJMZQ!2e0!7i16384!8i8192!4m7!3m6!1s0x487616b3af40840b:0xe786f24c30b7d394!8m2!3d51.6018982!4d-0.2677654!10e5!16s%2Fg%2F11c18jgrqz)
There is a sign permitting parking on the footway in marked
bays.
I received this PCN attached to the windscreen:
HTML https://ibb.co/gZ4pQbV
HTML https://ibb.co/HKt3CkP
Latest update
I've received a Notice to Owner
HTML https://pdfhost.io/v/D2Qbq5.Mg_Notice_to_owner
about this last
week
As far as I can see, it allow me 28 days from the date of
service to respond - doesn't seem mention anything about getting
a discount for responding within 14 days but from the way you
explained it, I guess that 2nd opportunity to pay at the
discounted rate is just one of those things that they don't tell
you until the next stage.
(A fightback forum member, Incandescent, has posted an
explanation
HTML http://forums.pepipoo.com/index.php?showtopic=149480&view=findpost&p=1783611<br
/>as to why councils re-offer the discount after a formal
challenge to NTO)
A few more points to add, not sure if any of them are relevant:
- The car was only parked there for around 20mins (I think I
even saw the traffic warden turning out of the road as I was
walking back to the car)
- It was to pick up children from a nearby school
- The car wasn't obstructing anyone, and most of their arguments
in their response to my informal challenge don't make sense
because there are other footway parking bays along the same
stretch of road
- There was a marked bay in that exact spot previously - but it
was a while ago, Google Street view image shows it in 2009.
Thanks again for all your help with this.[/li]
#Post#: 308--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: ivanleo
Date: June 21, 2023, 4:48 pm
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I've chased up the footway parking resolution, in the meantime
all you can do is make another plea for discretion on day 14,
i.e. by midnight on Sunday 25 June.
#Post#: 1349--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: feelsunfair
Date: July 16, 2023, 6:24 am
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I have received a notice of rejection of the formal
representations, attached to this post.
Interestingly I passed by the location recently and I think I
noticed that there is now a yellow line painted in that exact
spot. However probably this is irrelevant as a new CPZ has been
implemented in that road since the date of the original
'offence'.
They have re-offered a discount for paying within 14 days.
Any news of the footway parking resolution?
[attachment deleted by admin]
#Post#: 1371--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: ivanleo
Date: July 16, 2023, 4:15 pm
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I'll have to escalate the information request to the Information
Commissioner, in the meantime I'll flag this to Mr Mustard to
see if he has any ideas.
#Post#: 1375--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: mrmustard
Date: July 16, 2023, 4:28 pm
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I have kept my eye on this post for which CP8759 has nudged me
but have no good ideas, I actually think paying the 50% is the
wisest course.
Pavement parking PCNs are some of the hardest to beat.
#Post#: 1617--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: ivanleo
Date: July 20, 2023, 1:09 pm
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Annoyingly there is still no footway parking resolution from the
council, and I've had to escalate this to the Information
Commissioner's Office.
#Post#: 1669--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: feelsunfair
Date: July 20, 2023, 7:35 pm
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cp8759, Mr Mustard - thank you both so much for your advice on
this one. I really appreciate it.
Even though it looks like the outcome is that I will have to pay
the fine, at least I know that it's been carefully looked into.
#Post#: 4146--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: ivanleo
Date: August 30, 2023, 10:29 am
---------------------------------------------------------
Finally got an outcome from the council:
--- Quote ---
>
> Response
>
> I have reviewed the case and can confirm that I uphold your
request for review. The requested information was clearly not
provided and the original response was incorrect on a number of
points, including the reference to the Traffic Management Order,
providing a link which did not provide the relevant information,
and stating that the information was held by this authority,
when they had not identified the relevant information.
>
> On the latter point, the main reason for the delay in
providing a response to your request for review was that I asked
the service to conduct initial searches to identify the
requested information. Unfortunately, despite searching all
relevant information holdings - electronic, paper, offsite -
these searches failed to identify the relevant footway parking
resolution. I therefore have to confirm that the information is
not held by this authority.
>
> I apologise again for the delay in providing this response.
>
--- End Quote ---
So, if a footway parking resolution ever existed, they've lost
it. In the circumstances it would have been maybe 50 / 50 at the
tribunal depending on which adjudicator you got. Some would give
you the benefit of the doubt that the resolution might lift the
footway parking ban from the entire road, others would say that
it's for you to show that the footway parking ban has been
disapplied.
#Post#: 4286--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: feelsunfair
Date: September 2, 2023, 7:50 pm
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Thanks so much for following up on this. Meanwhile I've since
paid the fine but I really appreciate how thorough you've been -
even after the deadlines have passed.
#Post#: 4288--------------------------------------------------
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
DIR By: fraser.mitchell
Date: September 3, 2023, 3:57 am
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--- Quote from: feelsunfair link ---
>
> Thanks so much for following up on this. Meanwhile I've since
paid the fine but I really appreciate how thorough you've been -
even after the deadlines have passed.
>
--- End Quote ---
If you paid the full PCN penalty, not the discount, you have
served yourself quite badly because the penalty at the
adjudicators remains the same. It is a no-brainer to councils to
adjudication once the matter has got to the NtO stage, and the
discount has not been re-offered.
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