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#Post#: 8780--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: Pastmybest
Date: October 30, 2023, 1:14 pm
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I would expect the 10 minute GP to apply only concern i have is
was you clock set and is there a photo showing more than ten
minutes, we had better see the council photos
In an appeal i would also be arguing PI as the NOR is defective
#Post#: 8786--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: H C Andersen
Date: October 30, 2023, 2:54 pm
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The parking place was designated.
There is no issue that the OP was parked legitimately from
13.38. They were therefore in contravention at 13.43.
IMO, authority were prevented from demanding a penalty until
13.54.
The PCN was issued at 13.45.
#Post#: 8793--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: DancingDad
Date: October 30, 2023, 5:09 pm
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The NOR does Dave favours on the time, they do not suggest in
anyway that the vehicle was in contravention until the end of
the 7 min observation time, when a PCN was issued.
Couple that with Dave's account of the CEO watching them getting
the wheelchair out and it is a simple conclusion that the CEo
saw them arrive and the observation time was the time parked.
Even if it wasn't, the only time the CEo can be certain of is
the time that they first observed.... which brings HCA's comment
above into play.
Re the clock setting... no way will an adjudicator base an exact
time within 5 minutes on a clock that has lickle 15 minute
markings... key case in LT library deals with clock setting and
that point.
HTML https://www.londontribunals.gov.uk/sites/default/files/keycases/Behal%20v%20L%20B%20Redbridge%20-%202090232156.pdf
#Post#: 8814--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: Pastmybest
Date: October 31, 2023, 6:39 am
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--- Quote from: DancingDad link ---
>
> The NOR does Dave favours on the time, they do not suggest in
anyway that the vehicle was in contravention until the end of
the 7 min observation time, when a PCN was issued.
> Couple that with Dave's account of the CEO watching them
getting the wheelchair out and it is a simple conclusion that
the CEo saw them arrive and the observation time was the time
parked.
>
> Even if it wasn't, the only time the CEo can be certain of is
the time that they first observed.... which brings HCA's comment
above into play.
>
> Re the clock setting... no way will an adjudicator base an
exact time within 5 minutes on a clock that has lickle 15 minute
markings... key case in LT library deals with clock setting and
that point.
>
HTML https://www.londontribunals.gov.uk/sites/default/files/keycases/Behal%20v%20L%20B%20Redbridge%20-%202090232156.pdf
>
--- End Quote ---
All fair points
#Post#: 8815--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: DancingDad
Date: October 31, 2023, 7:49 am
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--- Quote from: Pastmybest link ---
> ....
> All fair points
>
--- End Quote ---
Bear in mind that the PCN is for overstay so there would seem no
issue on BB or Clock.
I would expect a failure to display otherwise.
What was your non complince on the NOR?
#Post#: 8818--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: Pastmybest
Date: October 31, 2023, 9:28 am
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--- Quote from: DancingDad link ---
>
> [quote author=Pastmybest link=topic=820.msg8814#msg8814
date=1698752340]....
> All fair points
>
--- End Quote ---
Bear in mind that the PCN is for overstay so there would seem no
issue on BB or Clock.
I would expect a failure to display otherwise.
What was your non complince on the NOR?
[/quote]
You are referred to the TPT web site for information required to
be within the NOR re costs and the adjudicators power to allow
late registration of an appeal
#Post#: 8862--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: ivanleo
Date: October 31, 2023, 7:12 pm
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--- Quote from: dave12345 link ---
>
> Requested attachments below
>
--- End Quote ---
Two obvious points on the documents:
1) There's an 0845 number, which raises the issues found in Paul
Bateman v Derbyshire County Council (DJ00037-2209, 10 November
2022)
HTML https://drive.google.com/uc?id=11TEzgfHFInCTo-JTFFtWJ8pbIXnMvJCd,
2) I suspect the original paper PCN doesn't have an 0845 number,
which raises the issues that arise in Vanessa Price v Nottingham
City Council (NG00044-2201, 07 March 2022)
HTML https://drive.google.com/uc?id=1YAg82YBKfVyHTSQmdOI229Yt5QccDKFt
[member=844]dave12345[/member] can you please post both sides of
the original paper PCN? There might be other discrepancies,
though the above should be enough to win on its own. See the
guidance here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>on posting images.
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