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#Post#: 101112--------------------------------------------------
Calderdale Council, code 30 parked for longer than permitted,
Savile Park
DIR By: 3Sh3roo
Date: December 5, 2025, 6:35 am
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A friend who started work as a doctor was running late as no
parking at the hospital, so he parked here but sadly did not see
the sign and upon his return got the fine, please see images.
Does he have any chance if he appeals?
HTML https://ibb.co/LDvw6xJG
HTML https://ibb.co/cKjH37cr
Street map image as follows:
HTML https://maps.app.goo.gl/HzLuekLqmwZeWAEt7
#Post#: 101139--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: fraser.mitchell
Date: December 5, 2025, 9:25 am
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two things here -
1. Any reps submitted must say why the person parked there, and
not in the usual place, (doctor at hospital etc)
2. The PCN is flawed and positively misleading in the
penultimate paragraph on the rear of the PCN. They have worded
it such that only if further representations are to be sent,
they must be submitted against the PCN. This is in direct
contradiction to the wording in the regulations. See3 here in
chapter 1, Regulation 3(1)(c) :-
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/1
The point of this clause is to warn a PCN recipient who may also
be the owner, that even if informal reps are submitted against
the NtO, the reps must be submitted again if a Notice to Owner
is received. If no reps are submitted against the NtO because
the owner thinks to himself that they have already been
submitted, the matter will progress to the Charge Certificate
stage, and the matter cannot be reverted because the NtO has
been ignored.
#Post#: 101145--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: 3Sh3roo
Date: December 5, 2025, 9:44 am
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Thank you for your response, after looking at other posts, can I
therefore appeal as follows:
-----------
Dear xx
The issued PCN does not contain the required statutory
information as per The Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022 - Regulation 3(1)(c) and therefore does not
confirm with rules required for a PCN to be valid.
I therefore reject the validity of this PCN and require
confirmation that you have deemed it void.
----------
Would that be ok? Thanks in advance.
#Post#: 101157--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: H C Andersen
Date: December 5, 2025, 10:29 am
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[member=12]Incandescent[/member], the PCN states:
..serve a NTO on the owner of the vehicle. The person on whom a
NTO is served may then make a formal representation to the
council against the PCN...
If representations against the PCN are received before the NTO
is served they will be considered. However, once an NTO is
served any further representations must be made in the form and
manner and within the time specified in the NTO.
The regs specify that the meaning of the following must be
included in a PCN:
3.—(1) A regulation 9 penalty charge notice must include the
following information—
(a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations
against the penalty charge are received at such address as may
be specified in the notice for the purpose those representations
will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
I cannot see any material difference between these two, what
have I missed?
OP, hang fire on advising your friend pl. The 14-day period ends
on 17th.
#Post#: 101172--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: fraser.mitchell
Date: December 5, 2025, 11:32 am
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--- Quote ---
> c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
--- End Quote ---
The words on the PCN are at variance with the above which
mandates submitting reps against a NtO, even if reps have been
submitted against the PCN. The PCN states "However, once an NTO
is served, any further representations must be made......etc" In
other words if the PCN recipient considers his reps complete and
not in need of any further information, he has no need to
respond to the NtO.
#Post#: 101181--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: H C Andersen
Date: December 5, 2025, 11:40 am
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Given that the words themselves aren't necessary, but the
meaning must be conveyed(albeit that to depart from the verbatim
regs carries a risk) we'll have to disagree on this one.
As it's probable that this line would be rejected, I think the
OP should wait to see whether other ideas are forthcoming.
#Post#: 101509--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: 3Sh3roo
Date: December 8, 2025, 9:54 am
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Thank you for the invaluable support, should I get the above
appeal put through or just tell my friend to pay the £25 rather
than wait and end up paying £50?
Thank you.
#Post#: 101519--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: stamfordman
Date: December 8, 2025, 10:20 am
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On the contravention the 2 hours plus 10 mins grace were
accounted for from the first observation so this seems solid.
There are two signs by the bay and although set back on the
verge they look clear - did he think it was a free bay?
You can always ask for discretion - maybe there was something
urgent - but the £25 discount is the lowest PCN amount anywhere
in the UK so not the end of the world.
I don't know about the wording issue but it seems not worthwhile
to save £25 to carry this on.
#Post#: 101575--------------------------------------------------
Re: Calderdale Council, code 30 parked for longer than
permitted, Savile Park
DIR By: 3Sh3roo
Date: December 8, 2025, 12:54 pm
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Thanks for this, he was in a rush to get to hospital and assumed
it was free as most of the street is free, sadly for him after
doing a full days work he came back to the fine. I'll advise him
pay it.
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