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#Post#: 66281--------------------------------------------------
Re: Manchester city council PCN
DIR By: John U.K.
Date: April 9, 2025, 6:54 am
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You've over redacted - should be name & address only - including
the date of the NtO - which is?
That said. I did look to see is the opposite kerb was also
dropped - it was.
But on almost every historic GSV back to 2008 there is a vehicle
parked on one or both DKs, usually both, which gives rise to the
possibility of 'legitimate expectation'. However, don't hold yr
hopes too high.
#Post#: 66302--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 9, 2025, 8:52 am
---------------------------------------------------------
Hi John,
date of the NtO - 01/04/2025.
PCN served on 21/02/2025.
Yes, i have seen lots of cars parked on both ends of the kerbs.
Thanks
#Post#: 66313--------------------------------------------------
Re: Manchester city council PCN
DIR By: H C Andersen
Date: April 9, 2025, 9:41 am
---------------------------------------------------------
I don't see any argument for mitigation.
Either it's a 'dropped footway' as
defined(
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/86)<br
/>or it isn't.
If it isn't, then no contravention.
If it is then the only exception which might apply is this:
(5)The fourth exception is where—
(a)the vehicle is being used for the purposes of delivering
goods to, or collecting goods from, any premises, or is being
loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and
for no more than 20 minutes.
And OP, it's the keeper's burden to prove their entitlement.
It's not mitigation, it's an exception - if it applies.
#Post#: 66346--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 9, 2025, 1:02 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> I don't see any argument for mitigation.
>
> Either it's a 'dropped footway' as
defined(
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/86)<br
/>or it isn't.
>
> If it isn't, then no contravention.
>
> If it is then the only exception which might apply is this:
>
>
> (5)The fourth exception is where—
>
> (a)the vehicle is being used for the purposes of delivering
goods to, or collecting goods from, any premises, or is being
loaded from or unloaded to any premises,
>
> (b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
>
> (c)the vehicle is so parked for no longer than is necessary
and for no more than 20 minutes.
>
> And OP, it's the keeper's burden to prove their entitlement.
>
> It's not mitigation, it's an exception - if it applies.
>
--- End Quote ---
Thanks,
Council rejected my representation initially saying its a
dropped footway...
"You were given a PCN for parking adjacent to a dropped footway.
A dropped footway is
where the footway, cycle track or verge has been lowered to
facilitate easy access, including
assisting wheelchair users, and other pedestrians.
Dropped footways do not require signs or lines and any vehicle
parking alongside a dropped
footway is liable to receive a PCN and; where appropriate, the
vehicle may be removed
incurring further charges.
You have stated that I were loading and do not feel you were
causing any obstruction,
however in this instance there is no exemption for loading.
Dropped footways, as per the
Highway Code, must be left clear at all times.".
Can i use the below fourth exception on my representation to
NTO?
"(b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and
for no more than 20 minutes.".
Regards
#Post#: 67253--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 15, 2025, 12:22 pm
---------------------------------------------------------
Hi,
Can i use the below fourth exception on my representation to
NTO?
"(b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and
for no more than 20 minutes.".
Regards
Thanks,
Council rejected my representation initially saying its a
dropped footway...
"You were given a PCN for parking adjacent to a dropped footway.
A dropped footway is
where the footway, cycle track or verge has been lowered to
facilitate easy access, including
assisting wheelchair users, and other pedestrians.
Dropped footways do not require signs or lines and any vehicle
parking alongside a dropped
footway is liable to receive a PCN and; where appropriate, the
vehicle may be removed
incurring further charges.
You have stated that I were loading and do not feel you were
causing any obstruction,
however in this instance there is no exemption for loading.
Dropped footways, as per the
Highway Code, must be left clear at all times.".
Can i use the below fourth exception on my representation to
NTO?
"(b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and
for no more than 20 minutes.".
Regards
[/quote]
#Post#: 67259--------------------------------------------------
Re: Manchester city council PCN
DIR By: H C Andersen
Date: April 15, 2025, 1:02 pm
---------------------------------------------------------
That's not the point.
They are required to consider your reps[in respect of one of the
most appalling bits of parking I've seen here for some
time,...but my views are not germane] against the correct legal
framework.
And if they reject based upon their misapplication of the law
then prima facie this is a procedural impropriety which is
grounds of appeal itself.
Anyway, hard facts pl:
The formal reps;
Their NOR.
Please.
#Post#: 67261--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 15, 2025, 1:10 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> That's not the point.
>
> They are required to consider your reps[in respect of one of
the most appalling bits of parking I've seen here for some
time,...but my views are not germane] against the correct legal
framework.
>
> And if they reject based upon their misapplication of the law
then prima facie this is a procedural impropriety which is
grounds of appeal itself.
>
> Anyway, hard facts pl:
>
> The formal reps;
> Their NOR.
>
> Please.
>
--- End Quote ---
Thanks for the reply.
I am presenting a representation to Manchester city council so
please if you can guide what points i need to include in my
representation that would be helpful.
#Post#: 67263--------------------------------------------------
Re: Manchester city council PCN
DIR By: H C Andersen
Date: April 15, 2025, 1:16 pm
---------------------------------------------------------
The initial reps pl and their reply.
#Post#: 67265--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 15, 2025, 1:43 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> The initial reps pl and their reply.
>
--- End Quote ---
Thank you.
Below is what i included in my representation
"Hi,
initial appeal was rejected on the grounds stating that "PCN
was given for parking adjacent to a dropped footway. A dropped
footway is
where the footway, cycle track or verge has been lowered to
facilitate easy access, including
assisting wheelchair users, and other pedestrians".
However according to Traffic Management Act 2004 section 86
states that if there is an exception if the vehicle is so
parked for no longer than is necessary and for no more than 20
minutes in this case driver of the vehicle left the place after
5 mins.
Please see legislation here -
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/86
(5)The fourth exception is where—
(a)the vehicle is being used for the purposes of delivering
goods to, or collecting goods from, any premises, or is being
loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot
reasonably be carried out in relation to those premises without
the vehicle being parked as mentioned in subsection (1), and
(c)the vehicle is so parked for no longer than is necessary and
for no more than 20 minutes".
Please check and let me know if the above representation is ok
to submit.
Thanks in advance.
#Post#: 67287--------------------------------------------------
Re: Manchester city council PCN
DIR By: H C Andersen
Date: April 15, 2025, 3:58 pm
---------------------------------------------------------
'Initial appeal was rejected....'.
I can't follow what's being posted.
What exactly did you submit and what was their reply, which
would have been in writing?
Pl read the READ THIS FIRST.. item at the top of the forum's
first page and post documents, not extracts, pl.
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