Help with law on a PCN

[Futabadirk]

Hi, hope someone can help here.

 

I recieved a PCN a couple of months ago for parking outside my sisters house on a double yellow, I was miffed as anyone would be, and yeah I knew I shouldnt of parked there and I was only in the house about ten mins, I checked the line and noticed that there wasnt a end cap at the end, so I thought, right, Im gonna apeal against this, sod um, I'll try my luck.

 

Cut a long story short, they wrote back saying that they have quoshed the PCN and let me off! Well that was good news for me, I beat the council, now todays later my sister was strapping her baby seat into her car outside her house one morning, then went back in for her son and baby things and to her amazment there was a PCN on her windscreen!!

No there takin the P#ss surley they knew that she was loading her car up because she even had her car doors open.

 

Anyway, I told her to appeal against it and told her to mention that her brother got away with the same offence. They wrote back, and again they tore it up. Now her boyfriend has recieved one this week, he wrote to them and they have wrote back saying that the double yellow IS end capped which it isnt and clearly shows its not on the photographic evidance that he shown them.

 

So my question is, where does he stand with this?

 

Thanks.

[patdavies]

Ready for a trip to the adjudicator, one would think.

[nero12]

Ready for a trip to the adjudicator, one would think.

 

write back to the la State that they have already cancelled two previous tickets that you know of due to non prescribed lines. send copies of the cancellation letters and photograph of the deffective line so you know they are issuing tickets that are possibly illegal

 

Also that you require under the freedom of information act , to help with your representations

 

the traffic order for that area.

The amount of tickets issued in that area (of deffective lines)

The amount of tickets that have subsequently been cancelled due to defective lines in this area for the last six years (you know of two already)

The attendants pocket book notes and photgraphic evidence

The error rate of the attendant for the last twelve months

And the attendants beat area.

 

OR IF THEY WISH.

 

Alternativly they could choose to cancel this ticket and consider rectifying the non compliant lines.

[patdavies]

Just to be pedantic for a moment:rolleyes:

 

You will not (should not) get a copy of the TRO via an Freedom of Information Act request. There is an absolute exemption as the information requested is already available elsewhere.

 

TROs are available to the public on demand.

[lamma]

I concur

[Futabadirk]

Thanks for replies, They have sent him his letter telling him to pay the discounted rate of £30 and he's not paid it, and in the letter they sent, it states, "Do not reply etc to this office"

So shold he just send one anyway with letters and photo's again and the details what Nero just told me?

[nero12]

Thanks for replies, They have sent him his letter telling him to pay the discounted rate of £30 and he's not paid it, and in the letter they sent, it states, "Do not reply etc to this office"

So shold he just send one anyway with letters and photo's again and the details what Nero just told me?

Hello patdavies

 

What is the correct proceedure for obtaining tro's.

I always thought any public doc is procured in this way

[patdavies]

What is the correct proceedure for obtaining tro's.

I always thought any public doc is procured in this way

 

Simply write and ask for it:wink: or call in.

 

Any document that is in the public domain is exempt from FoI

 

FoI Act 2005 s.21

 

21 Information accessible to applicant by other means

 

(1) Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.

(2) For the purposes of subsection (1)—

(a) information may be reasonably accessible to the applicant even though it is accessible only on payment, and

(b) information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment

[nero12]

Simply write and ask for it:wink: or call in.

 

Any document that is in the public domain is exempt from Freedom of Information Act

 

FoI Act 2005 s.21

right so when sending in a reppy as I advised, quite simply state 'supply with the tro etc' no need to put under freedom of info act.

 

(man u 1 chelsea 0) lol

[green_and_mean]

(man u 1 chelsea 0) lol

 

Its 1-1 on my telly!!

[nero12]

Its 1-1 on my telly!!

just you git

[Futabadirk]

right you've lost me, with tro's etc

Can you just give me a template letter of what I need to say please.

[lamma]

Local Government Act 1972 (c.70) - Statute Law Database

[pin1onu]

right you've lost me, with tro's etc

Can you just give me a template letter of what I need to say please.

TRO = Traffic Regulation Order.

 

Simply put this is the paperwork that gives authority to the road markings. It sets out where the restrictions apply from, dates, times etc that they apply.

 

Without the paperwork in correct order the lines are just graffiti on the road.

 

Councils are obliged to have these orders on public display.

 

So a letter would need a sentence

 

Could you please send me a copy of the Traffic Regulation Order on [whatever street] pertaining to the Double Yellow Lines.

 

Be warned that they sometimes have a long delay on this request and you lose any discount period. Sometimes its better to go in person.

 

If they haven't got a TRO then everyone issued with a ticket on those lines who've paid and are entitled to a refund.

 

As for your brother. Get photos and make an appeal to the adjudicator.

[nero12]

TRO = Traffic Regulation Order.

 

Simply put this is the paperwork that gives authority to the road markings. It sets out where the restrictions apply from, dates, times etc that they apply.

 

Without the paperwork in correct order the lines are just graffiti on the road.

 

Councils are obliged to have these orders on public display.

 

So a letter would need a sentence

 

Could you please send me a copy of the Traffic Regulation Order on [whatever street] pertaining to the Double Yellow Lines.

 

Be warned that they sometimes have a long delay on this request and you lose any discount period. Sometimes its better to go in person.

 

If they haven't got a TRO then everyone issued with a ticket on those lines who've paid and are entitled to a refund.

 

As for your brother. Get photos and make an appeal to the adjudicator.

doesnt the discount period get put on hold if you ask for the tro as part of your representations to the LA.?

[green_and_mean]

doesnt the discount period get put on hold if you ask for the tro as part of your representations to the LA.?

 

No they have no obligation to wait for you to get your representations together.

[adampaddam]

Send this

 

Dear parking services please send the Traffic Regulation Order for XXXX Street I would prefer it in the Form of a PDF file as an attachment, or scan the TRO and send as an attachment, I would like the TRO urgent as the PCN is time dependent, if you cannot send the TRO urgent via Email then send TRO as hard copy via first class post will suffice, please do not send the Consolidation Order which usually consists of more than a Hundred it is the Traffic Regulation Order only I require.

If they say you will have to come in and view it tell them you are not in a position to view it due to xxxxxxxx and cannot make it, I have this pulled on me with several authorities and all have managed to send the TRO via email and one LA Wigan sent the TRO via FCP next day.

TRO's are usually kept by the Councils Legal services Dept so try phoning them first to see if you can secure it through them, now in Bolton I can usually get a TRO within 30 minutes my source is very efficient, it is a pity the Parking Services and the rest of the council are not the same.

Edited May 22, 2008 by adampaddam

[patdavies]

I think that you're probably better sending a letter in English.

 

TRO have to be held by the highway authority. This will be the local council for a unitary or metropolitan borough; the county council for most local council; the Highways Agency for trunks roads.

 

For example, I live in a unitary authority, so my local council will hold the TROs; over the border is Basingstoke & Deane Council but the TROs will be held by Hampshire County Council as highway authority.