Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default Nottm PCN but am I right

    I got a pcnicon in Nottingham. I parked in a parking bay and looked at the times that the parking restrictions are in force on the ticket machine. The sign on the ticket machine said Monday to Saturday so as it was Sunday I just parked. When I returned to my car I had a PCN. It seems that the council had a temporary no loading rule in place. They had covered up the normal signs with a temporary one.

    Should I appeal the PCN on the basis that I thought the restrictions applied Monday to Saturday as stated on the machine or is this a dead cause?

    Similar Threads:
    Just some guy. I try to help, but all advice is my opinion.

  2. #2
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    Default Re: Nottm PCN but am I right

    check the TRO.


  3. #3
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by lamma View Post
    check the TRO.

    What's the TRO?

    Just some guy. I try to help, but all advice is my opinion.

  4. #4
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    Default Re: Nottm PCN but am I right

    Also, please would you take a picture of the parking pay including the terminal markings at each end. Link us to them

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  5. #5
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by BankFodder View Post
    Also, please would you take a picture of the parking pay including the terminal markings at each end. Link us to them
    If the parking has been suspended the bays have no legal purpose!


  6. #6
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by green_and_mean View Post
    If the parking has been suspended the bays have no legal purpose!
    But the ticket machine notice said restrictions apply Monday to Saturday. Surely the machine should have been covered up?

    Just some guy. I try to help, but all advice is my opinion.

  7. #7
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by mnrbig View Post
    But the ticket machine notice said restrictions apply Monday to Saturday. Surely the machine should have been covered up?
    There is an argument that it should have been, did it also still serve any bays not suspended though?

    What contravention code was used?


  8. #8
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    Default Re: Nottm PCN but am I right

    Traffic Regulation Order (in London they are TMOs).
    is is where the rules for the parking restriction are defined.
    there is a general right to park on the highway so the restrictions have to be defined.
    No TMO or broken TMO - should be fatal to the Council.
    Some Councils absolute rubbish with TMOs.
    Lots of scope..

    You have a right of access and to get a copy - this is NOT a FOI thing.
    Local Government Act 1972 (c.70) - Statute Law Database

    Contents are defined
    The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (No. 2489) - Statute Law Database

    and the procedureis defined
    The Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990

    if the procedure not followed TRO is invalid.

    lots of posts here about TROs


  9. #9
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by green_and_mean View Post
    There is an argument that it should have been, did it also still serve any bays not suspended though?

    No, it wasn't serving other parking bays.

    Quote Originally Posted by green_and_mean View Post
    What contravention code was used?

    Contravention Code 2




    Just some guy. I try to help, but all advice is my opinion.

  10. #10
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by lamma View Post
    Traffic Regulation Order (in London they are TMOs).
    is is where the rules for the parking restriction are defined.
    there is a general right to park on the highway so the restrictions have to be defined.
    No TMO or broken TMO - should be fatal to the Council.
    Some Councils absolute rubbish with TMOs.
    Lots of scope..

    You have a right of access and to get a copy - this is NOT a Freedom of Information Act thing.
    Local Government Act 1972 (c.70) - Statute Law Database

    Contents are defined
    The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (No. 2489) - Statute Law Database

    and the procedureis defined
    The Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990

    if the procedure not followed TRO is invalid.

    lots of posts here about TROs

    Sorry, this post has been lost on me. SWISH right over my head.

    Just some guy. I try to help, but all advice is my opinion.

  11. #11
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    Default Re: Nottm PCN but am I right

    response to " What's the TRO?"


  12. #12
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    Default Re: Nottm PCN but am I right

    AAH, I see said the blind man to his deaf wife. Were should this TRO be displayed?

    Just some guy. I try to help, but all advice is my opinion.

  13. #13
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  14. #14
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    Default Re: Nottm PCN but am I right

    I suspect that this TRO was attached to the "no loading" sign.

    Just some guy. I try to help, but all advice is my opinion.

  15. #15
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    Default Re: Nottm PCN but am I right

    TROs are kept in th Council offices - or they should be...
    Local Government Act 1972 (c.70) - Statute Law Database


  16. #16
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    Default Re: Nottm PCN but am I right

    Iamma

    Sorry, I have lost the plot completely. I request the TRO from the council. What am I suppose to do with this once I have it?

    Just some guy. I try to help, but all advice is my opinion.

  17. #17
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    Default Re: Nottm PCN but am I right

    better to go into the offices- do you trust the council to send the complete and correct TRO ?
    once you have the real TRO (signed under 'seal') check what it says, what the restrictions are, where they are etc . then see if what is on the street matches the TRO.


  18. #18
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    Default Re: Nottm PCN but am I right

    But, the contravention that I was ticketed for was a temporary restriction so I assume it won't be in the TRO.

    Just some guy. I try to help, but all advice is my opinion.

  19. #19
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    Default Re: Nottm PCN but am I right

    Then there should be a temporary traffic order - get that one.


  20. #20
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    Default Re: Nottm PCN but am I right

    Quote Originally Posted by green_and_mean View Post
    There is an argument that it should have been, did it also still serve any bays not suspended though?
    So do I appeal on the basis that the meter should have been covered up? I don't live in Nottingham so going to the council offices is not very practical.

    Just some guy. I try to help, but all advice is my opinion.


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