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#Post#: 7593--------------------------------------------------
East Herts Council, code 45 Parked on a taxi rank, Fore Street,
Hertford
DIR By: spinningfish
Date: October 17, 2023, 2:45 am
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Hello
I'm pretty sure I don't have a leg to stand on, but here goes
anyway.
I was meeting friends in Hertford and was looking for parking in
Fore Street, Hertford. The disabled parking bay had a van in it
loading/unloading furniture, so I went back around the block and
parked in a space on the street.
I didn't check any signs, because it was just before 6pm on a
Saturday evening and there were other cars parked there. I
popped my blue badge in the window, which I do as a matter of
habit and went about my evening.
Yesterday morning, I received a PCN through the door. There
hadn't been a parking ticket stuck to my car, so this was the
first I knew of it. Apparently, the parking spaces become a taxi
rank after 6pm on a Saturday night, so blue badge or not, I
definitely couldn't park there.
My parking location was here - directly outside the left
building of Veyso's:
HTML https://maps.app.goo.gl/7Es2FjtDN1VQj3Dv6
Here's the PCN and the pictures of where I parked and the
signage that I didn't look at... ::)
HTML https://singshack.com/wp-content/uploads/2023/10/Scan.jpeg
HTML https://singshack.com/wp-content/uploads/2023/10/Scan-1.jpeg
HTML https://singshack.com/wp-content/uploads/2023/10/Scan-2.jpeg
HTML https://singshack.com/wp-content/uploads/2023/10/Scan-3.jpeg
HTML https://singshack.com/wp-content/uploads/2023/10/Screenshot-2023-10-15-at-17.21.34.png
HTML https://singshack.com/wp-content/uploads/2023/10/Screenshot-2023-10-15-at-17.22.39.png
Any help would be much appreciated, but obviously I'll pay the
fine if I've done the crime!
#Post#: 7639--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: October 17, 2023, 1:11 pm
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Council photos:
HTML https://i.imgur.com/SyKcfm6.jpg
HTML https://i.imgur.com/dVcokvK.jpg
HTML https://i.imgur.com/x7RpUdZ.jpg
HTML https://i.imgur.com/A7wtJhj.jpg
HTML https://i.imgur.com/kq3cjUN.jpg
HTML https://i.imgur.com/EiVV8lz.jpg
HTML https://i.imgur.com/8u956dz.jpg
HTML https://i.imgur.com/U8FnAn3.jpg
Two issues arise:
The first is that because this is a waiting prohibition, rather
than a parking place designated for taxis, the exemption at
regulation 8 of The Local Authorities' Traffic Orders
(Exemptions for Disabled Persons) (England) Regulations 2000 is
arguably engaged. This is similar to the loading bay issue,
which has been dealt with in Cassidy on behalf of Cassidy v
Kirklees Metropolitan Council (KM 05633F, 13 August 2012)
HTML https://drive.google.com/uc?id=1gvuqjl_eFCact5ruLgpe4w1RLuoCj8pp,<br
/>the review in Cassidy on behalf of Cassidy v Kirklees
Metropolitan Council (KM 05633F, 19 September 2012)
HTML https://drive.google.com/uc?id=13-7oN_dLyNtY8DlTCmPdMFefqFFLbx8v,<br
/>Karen Lewin v Kent County Council (with Canterbury CC) (KB
05084B, 05 November 2014)
HTML https://drive.google.com/uc?id=1HOrYPHV6sikQSl-SHXfVpY4TyZE3sMcb<br
/>and Anthony Granville Clarke-Grenfell v Devon County Council
(YD
05198JSD, 01 July 2015)
HTML https://drive.google.com/uc?id=1bZhSbg1ooKFvD2BE-ncIiq-_zoTbMLUY.
The other point is that the road markings are wrong, because a
bay of this type should use diagram Diagram 1028.6 found at item
8 of Part 4 of Schedule 7 to the Traffic Signs Regulations 2016
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made:
HTML https://i.imgur.com/6xLRvvo.png
The broad yellow line is missing, so there was nothing to alert
you that a restriction of this type might be in force, so you
had no reason to go and check the sign. As such the bay markings
are inadequate.
Give others 2 / 3 days to comment, if nobody adds anything bump
the thread and I will draft a representation for you.
#Post#: 7680--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: October 18, 2023, 4:00 am
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That's fantastic! Thank you.
#Post#: 7874--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: October 20, 2023, 9:53 am
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As requested - *BUMP*
#Post#: 7979--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: October 21, 2023, 9:50 am
---------------------------------------------------------
Here you go:
[indent]
Dear East Hertfordshire District Council,
I challenge PCN ET34311964 on the ground that the alleged
contravention did not occur. Firstly, I draw your attention to
diagram 1028.6 found at item 8 of Part 4 of Schedule 7 to the
Traffic Signs Regulations 2016, which is mandatory for a
restriction of this type. This diagram requires a broad 200
millimetre yellow line, but this line is missing from the road
markings on Fore Street.
Furthermore I note the restriction on the upright sign is a
waiting restriction, it follows that the exemption at regulation
8 of statutory instrument 683 of 2000 is engaged.
For each of the above reasons, the alleged contravention did not
occur and the penalty charge must be cancelled.
Yours faithfully,
[/indent]
#Post#: 8564--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: October 28, 2023, 3:56 am
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Thank you so much. I’ll let you know how it goes!
#Post#: 8569--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: H C Andersen
Date: October 28, 2023, 5:32 am
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And of course the sign is improper: the configuration means that
it is supposed to be a part-time parking place with, in this
case, a complimentary waiting restriction..but it can't be
because the parking place is 24/7 by virtue of the 'P At all
other times' plate.
What a mess. Not HCC or EHDC's finest moment.
So stand by for denial!
I'm sure cp would relish the opportunity.
#Post#: 13269--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: January 3, 2024, 3:35 pm
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Evening all.
It has been a little while, but we have a decision from East
Herts.
The driver of the vehicle initially made the representations
against the PCN, but an email was received from East Herts to
say that representations needed to be made by the registered
keeper, hence how long it has taken for them to reply.
Enjoy!
[attachment deleted by admin]
#Post#: 13493--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: January 8, 2024, 4:17 pm
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Sorry to bump this.
#Post#: 13494--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: fraser.mitchell
Date: January 8, 2024, 4:39 pm
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Hopefully CP8759 will be along soon. He likes a good argument !
However, they have re-offered the discount, so it would be the
usual double-or-quits gamble at adjudication.
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