PCN Appeal Rejected

andyj5447 · 10th January 2008, 21:25

Basically I have appealed against a PCN as the road markings were not clear and had worn away. The appeal was rejected but I want to appeal the the Independant Adjudicator but want to make it look professional and that I know what I am doing! ANY help would be much appreciated! I have included copies of what they sent me. Thanks in advance!

andyj5447 · 10th January 2008, 21:27

I have some better pics of the markings that I took myself when I had moved my van. I will try and upload them now. There was also no signs at the side of the road.

green_and_mean · 10th January 2008, 21:35

A m/c bay which I assume it was needs no plate so not worth putting that in the appeal. The r/h end of bay seems to be missing though.

andyj5447 · 10th January 2008, 21:46

I suppose the last pic is irrelevant if they require no sign. To me that writing is illegible (even has letters missing!) and must therefore be unacceptable. I just need to know how to word it on the appeal form so I get it right if anyone can help me it would be much appreciated!

adampaddam · 10th January 2008, 22:24

The bay is unlawful it is a 1032 bay it should be a 1028.4 bay and should have sign plate 66.2a pay at machine display ticket or 661.3a Pay Here at machine display ticket. see Jalali v Bolton Council NPAS case No BO 05375E 14th December 2007. it is not illegal to park in an unlawful bay. also it should state SOLO MOTOR CYCLES ONLY the missing word only is very important. Also signage very worn cannot use De Minimis Non Curat Lex, PM me for detailed info. anyone want a copy of Jalali v Bolton Council PM me and I will send you the PDF file and Keiller v Bolton Council for the one date issue.

Barry

adampaddam · 10th January 2008, 22:33

Also need to see your PCN and your Notice To Owner, there could be cock ups on them.

andyj5447 · 11th January 2008, 00:00

Thanks for your reply I have sent you a PM.

andyj5447 · 27th March 2008, 21:22

Had my hearing with the adjudicator today and didnt even have to speak! The adjudicator alread had decided the markings on the bay were not acceptable and there should have been a sign.

Big thanks to Barry Moss for all his help.

andyj5447 · 27th March 2008, 21:24

Forgot to add, the adjudication hearing is very informal and nothing to worry about. Anyone thinking of appealing do it!

adampaddam · 28th March 2008, 00:44

Quote:

Originally Posted by andyj5447

Forgot to add, the adjudication hearing is very informal and nothing to worry about. Anyone thinking of appealing do it!

yes I concur and very well done, justice has been done.
Barry

nero12 · 28th March 2008, 23:25

Quote:

Originally Posted by andyj5447

Basically I have appealed against a PCN as the road markings were not clear and had worn away. The appeal was rejected but I want to appeal the the Independant Adjudicator but want to make it look professional and that I know what I am doing! ANY help would be much appreciated! I have included copies of what they sent me. Thanks in advance!

hello matey just to let you know tha the notice of rejection is illegal
it is not correctly worded

it says ''you now have 28 days to pay the charge of £60 or appeal etc ... ''

It should say

'beginning with the date of service' of the notice of rejection OR 'before the end of the period of 28 days from the date of this letter.'

In a recent adjudication decision of May 9th 2006 'Lukha v Aylesbury Vale' before the National Parking Adjudication Service Chief Adjudicator, this precedent was established.

you can cancell the whole ticket based on this ...

adampaddam · 28th March 2008, 23:33

Hi nero12 you will see above that andy has now won his appeal proper the original appeal he referred to was for informal representations, the appeal was won on the bay non compliant with TSRGD's, there was no need to bring up the NTO and NOR which can now be used again for someone else before the council get wind of their anomolies.
Barry

nero12 · 28th March 2008, 23:43

Quote:

Originally Posted by adampaddam

Hi nero12 you will see above that andy has now won his appeal proper the original appeal he referred to was for informal representations, the appeal was won on the bay non compliant with TSRGD's, there was no need to bring up the NTO and NOR which can now be used again for someone else before the council get wind of their anomolies.
Barry

sorry a bit tiddly just saw the basics and jumped on it and posted ...

ps It was another version on how to cancell the ticket,

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