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#Post#: 67674--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 18, 2025, 3:39 pm
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--- Quote from: cp8759 link ---
>
> [quote author=gunnapr link=topic=5807.msg67656#msg67656
date=1744998275]
> i can ask him about witness statement but the only problem his
business doesnt know that he is taking my stuff.
>
--- End Quote ---
Well a wittiness statement from him is the bare minimum you
would need. It's not exactly very likely that the business
owners are going to be checking random tribunal decisions to
check if any of the employees have given a statement.
[/quote]
Thanks,
Ok will he need to sign the document and post it to council? or
i need to include this in my representation to the council. Also
will at any stage required to attend the tribunal to give
statement?
I can ask him and see id he is ok to give witness statement.
Regards
#Post#: 67675--------------------------------------------------
Re: Manchester city council PCN
DIR By: ivanleo
Date: April 18, 2025, 3:58 pm
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He will need to provided it to you and you will need to provide
it to the council with your representation.
#Post#: 67681--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 18, 2025, 4:51 pm
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--- Quote from: cp8759 link ---
>
> He will need to provided it to you and you will need to
provide it to the council with your representation.
>
--- End Quote ---
Thanks CP,
I will ask him to do that, can you please help in drafting the
letter so i can ask him to sign?
Regard
#Post#: 67682--------------------------------------------------
Re: Manchester city council PCN
DIR By: ivanleo
Date: April 18, 2025, 5:01 pm
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I'm going to PM you so we can arrange this.
#Post#: 67683--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 18, 2025, 5:13 pm
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--- Quote from: cp8759 link ---
>
> I'm going to PM you so we can arrange this.
>
--- End Quote ---
Thank you appreciate it.
#Post#: 67691--------------------------------------------------
Re: Manchester city council PCN
DIR By: H C Andersen
Date: April 19, 2025, 3:13 am
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OP, just to remind you of the exemption:
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),
The driver also has to prove to the satisfaction of the
adjudicator(I think it's reasonable to assume that the council
would reject) that delivering could not reasonably have been
carried out with the vehicle parked elsewhere.
But if this got to adjudication procedural matters would also
come into play anyway.
#Post#: 68352--------------------------------------------------
Re: Manchester city council PCN
DIR By: gunnapr
Date: April 23, 2025, 2:59 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> OP, just to remind you of the exemption:
>
> 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),
>
> The driver also has to prove to the satisfaction of the
adjudicator(I think it's reasonable to assume that the council
would reject) that delivering could not reasonably have been
carried out with the vehicle parked elsewhere.
>
> But if this got to adjudication procedural matters would also
come into play anyway.
>
--- End Quote ---
Will the letter from the scrap yard not enough to prove that
vehicle is parked for delivering stuff?
Also the road side car park was full and that the only place
available to park for short time.
Thanks
#Post#: 68360--------------------------------------------------
Re: Manchester city council PCN
DIR By: H C Andersen
Date: April 23, 2025, 4:24 pm
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Delivering is not sufficient. The second condition is equally
important. And as you probably realise, while the first part
could be proved objectively the latter would likely not because
no-one took photos or made notes of the situation in the area as
regards other places to park.
You can advance your claim that 'delivery could not ........',
but tobe blunt it's a long shot and IMO, you should be aware
that winning at adjudication against this contravention using
the 'delivery' exemption is very difficult.
But perhaps a council procedural c**k-up might win the day for
you.
#Post#: 78598--------------------------------------------------
Re: Manchester city council PCN
DIR By: ivanleo
Date: June 27, 2025, 4:02 pm
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Outcome
HTML https://drive.google.com/file/d/1WQ4jERtseJ1orRtFI-hzOd9Sjlw2zPb6/view.
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