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#Post#: 8206--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: ivanleo
Date: October 23, 2023, 3:14 pm
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I'd combined strategies 1 & 2, belt and braces.
#Post#: 8252--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: H C Andersen
Date: October 24, 2023, 2:20 am
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OP, you're only at the PCN stage and therefore the 'failure to
consider' 'ambush'(my take, not a legal term) won't apply IMO.
If you include a link which you can later prove wasn't opened
then at this point you would be at the NTO stage. And then what?
Make reps against the NTO on these grounds, and possibly others
but:
Don't include the link i.e. simply rely upon their failure at
the PCN stage? Or
Include the link?
If 1, then at appeal IMO an adjudicator would consider this to
be an ambush.
If 2, then the authority are more than likely to view it.
In short, if this tactic (which IMO unless the link is fresh
evidence sourced by the OP - not CEO photos - and set within a
relevant context and legitimate grounds has no merit other than
simply being a trap) is followed then surely it can only be
included once at the NTO stage.
OP, what evidence other than your claim do you have that you
have parked here on numerous occasions recently. (the council
would know whether you or anyone else has been issued with PCNs
simply by searching using location and date)?
What track record does this approach have at adjudication?
#Post#: 8259--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 24, 2023, 4:30 am
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Sadly I don't have any hard evidence other than my word. Up to
4 cars (and sometimes 5) have parked here for many years on
match days. I don't know how I could prove that, other than
maybe ask people on the numerous Man City FB pages I'm on?
On most occasions, I've not managed to park there because it's
already been full. People tend to get there very early, park up
here and then totter off to Asda/the Stadium etc.
I'm sure if a 'search' for PCNs on that spot was conducted,
there would be no record of any being issued. But of course,
I'd then need photographic evidence of vehicles previously
parked there without penalty. How would I go about that? Does
anyone know?
Thanks again for everyone's support with this.
#Post#: 8265--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: H C Andersen
Date: October 24, 2023, 5:08 am
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I'm sure if a 'search' for PCNs on that spot was conducted,
there would be no record of any being issued. But of course,
I'd then need photographic evidence of vehicles previously
parked there without penalty. How would I go about that? Does
anyone know?
Not really.
Scenarios:
1. They have records of PCNs having been issued going back
months/years, the record shows PCNs having been issued
continuously and yours isn't one of them;
2. Their record of PCNs starts only a few games apg/this was the
first time.
Remember, legitimate expectation is not you having been caught
for the first time, it's a genuine belief based upon your
personal experience that the council had made a decision to not
enforce this location. 2 speaks for itself, but how you would
deal with 1 depends upon specifics and IMO you'd need to know
what their records show first.
You could also write separately to the highways and waste
departments. Highways - has the council stopped-up Coleshill
because you've noticed that the entrance is totally obstructed
by mounds of spoil. Waste - just report the mounds of spoil.
It's a public highway and the council has a duty to keep it
open. If there's an official/unofficial decision to stop up the
road then this could possibly work to your advantage.
#Post#: 8317--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 25, 2023, 4:01 am
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H C Anderson, I think I've found my approach now. Sometimes
it's only when people give you a different view, it makes sense.
The fact that cars have parked there for years, without
penalty, why would anyone assume it was an offence?
I'll let you all know how I get on.
Fingers crossed.
Deb
#Post#: 8323--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: DancingDad
Date: October 25, 2023, 4:30 am
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Don't miss deadlines while trying to get extra information.
Send something within the 14 days and they will re-offer
discount if they reject.
By the time that happens, you should have the added info to help
make a decision
#Post#: 8340--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 25, 2023, 7:31 am
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Thank you Dancing Dad. I'm hoping to get a response to them
today. I'm a bit of a worry wart so don't like things
lingering. As you say, it'll give me time to get some
additional information back too.
Thanks again everyone. What a great bunch you really are :)
#Post#: 8610--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: ivanleo
Date: October 28, 2023, 6:25 pm
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--- Quote from: H C Andersen link ---
>
> OP, you're only at the PCN stage and therefore the 'failure to
consider' 'ambush'(my take, not a legal term) won't apply IMO.
>
> If you include a link which you can later prove wasn't opened
then at this point you would be at the NTO stage. And then what?
>
--- End Quote ---
Formal reps saying "please consider my informal reps as my
formal reps", which with a bit of luck will result in the same
outcome.
Councils tell motorists to go onto onto a website to view
evidence all the time, if that is acceptable it must work both
ways. It's not really an ambush because to avoid any problems,
the council just needs to do what it should be doing anyway i.e.
consider the representations and any supporting evidence.
If for argument's sake you send a DVD in the post or a sealed
envelope with some photos and you had a telescopic camera that
could see into the council offices, and you filmed the council
officer opening the post and throwing said evidence in the bin
without looking at it at all, would that be considered an
"ambush"? Because what we're talking about here is the digital
equivalent of doing exactly that.
#Post#: 10366--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: November 16, 2023, 3:30 am
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Good morning!
I've now received my response (pdf attached FYI). Basically it's
a 'pay up'.
I also, as suggested by you great folk on here, reported to the
Waste and Highways about the mound of dirt on Coleshill Street.
To this day, the mound is still there, and people are still
parking as I was on that day.
Receipt re:Waste
The location of the problem on the map 386407
What type of land needs cleaning up? a road or pavement
Page: The problem
What needs cleaning up? If there's more than one type, choose
the most obvious. litter, dirt or dust
Give more information to help us find the problem. There are big
mounds of soil completing blocking access to the road. As it's a
public highway, I believe the Council has a duty to keep it open
unless there's a reason why this street has been stopped up?
Receipt re:Highway
Location of the problem 386405,399487
Give any more information that will help us locate the problem.
For example, house number, road name, landmarks. At the entrance
to Coleshill Street, off the A6010, it is totally obstructed by
mounds of spoil. These mounds are right near a dropped kerb and
a set of traffic lights.
Page: What is the problem?
What is causing the obstruction? other: please say what below
Tell us anything else that may help us sort out the problem.
Mounds of spoil totally blocking the entrance to Coleshill
Street which is restricting access.
The spoil needs removing to allow pedestrians access, either on
foot or with wheelchair/pram etc.
Has Coleshill Street been stopped-up for any particular reason?
As I wish to appeal, can you suggest what mitigation I can
provide in my Reps to help with this?
Thanks again guys.
[attachment deleted by admin]
#Post#: 10428--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: November 17, 2023, 7:31 am
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Afternoon :)
Can anyone help with my enquiry below please? As well, does
anyone know if and how I can apply for a FOI for the number of
PCNs given at this each spot over a period of time?
Thanks guys.
Deb
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