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Hi I need some help re an alleged pcn code 46


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Hi

 

I received a PCN some time ago issued inder contravention code 46 (stopped or prohibited on a red route or clearway) which I don't think applies. Thew vehicle was recorded as being stopped at 20.21 on 07/08/12 which as far as I can see is outside of the restricted hours on the sign (pic below). Their photo evidence shows the car is inside a parking bay. Outside of the bays is a single yellow line. There are no red lines on the road and there atre no signs saying the usual 'no stopping 6am-midnight'. So I challeneged the notice.

 

The wording of my challenge was this:

 

I am writing to challenge penalty Charge Notice xxx

 

The alleged contravention did not occur because code 46 (which refers to a vehicle being stopped where prohibited on a red route or clearway) did not apply at the time and date that the vehicle was stopped.

 

The sign clearly shows that the clearway restriction is limited to certain times only for 2 hours in the morning and 2 and half hours in the late afternoon/evening.

 

I have included a picture of the sign which shows the times at which the restriction was in place

 

The vehicle (reg xxx) was recorded as stopped at 20.21 on 07/08/12, i.e outside of the restricted hours

 

On this date the sign clearly indicates (by the words “No stopping at times indicated by sign”) that the clearway/no stopping restriction only applied between the hours of 8am to 10am and from 4pm to 6pm

 

Since I was stopped outside of these restricted hours then no contravention took place and therefore would appreciate your cancelling of the PCN.

 

PS There are no signs in the vicinity of the vehicle , from corner to corner with a 6am-midnight clearway restriction, so your claimed photo evidence is invalid. All 3 signs in the area show the same 2 to 2and half hour restriction as the photo enclosed.

 

 

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They have since written back to say that this PCN is an instant contravention, not requiring any period of observation before the issue of a PCN and that they have considered the grounds of my representation and "have to advise you that we have found the notice to have been correctly issued" ...

 

I am now confused ... either they are not listening or I am missing something ......so would really appreciate your help right now ... should I just give in and pay (the higher fee by now) ?

 

Cheers

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The contravention is "stopped where prohibited on a red route or clearway" . My contention is that I was stopped outside of restricted hours ... the ticket doesn't relate to parking or loading as far as I can see ... at the bottom it says "no stopping at times indicated by sign"

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The contravention is "stopped where prohibited on a red route or clearway" . My contention is that I was stopped outside of restricted hours ... the ticket doesn't relate to parking or loading as far as I can see ... at the bottom it says "no stopping at times indicated by sign"

 

It clearly states "no stopping!" On the 07/08 - regardless of wether you load, unload, park or pull up with your hazards on - you will get a ticket - it is right you have stopped on a clearway looking at the circle signs.... Contest it i always say its worth a fight though You never know you might win- :-)

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It clearly states "no stopping!" On the 07/08 - regardless of wether you load, unload, park or pull up with your hazards on - you will get a ticket - it is right you have stopped on a clearway looking at the circle signs.... Contest it i always say its worth a fight though You never know you might win- :-)

 

But what I see is that the 'no stopping' relates to certain hours only (at times indicated by sign) .... are you saying the 'no stopping' applies 24/7 ?

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But what I see is that the 'no stopping' relates to certain hours only (at times indicated by sign) .... are you saying the 'no stopping' applies 24/7 ?

 

I read it as 'parking and loading suspended' - All signs above are suspended.

' no stopping at times indicated by sign' - The sign being itself and not the signs above. So no stopping on 28 Jul 29 Jul 4 Aug and & 7 Aug. 24/7 as the times on the signs above have been suspended.

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Then shouldn't it say 'on the dates indcated by sign' ? Or 'no stopping at times outside of those indicated by sign' .... to me it is confusing ... anyone else see it my way or should I just give in?

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From what I can see the very bottom sign says that parking and loading rights are suspended for the dates of 28/07/12 & 28/07/12, and on the 04/08/12 and 07/08/12. Isn't that last date the date you say parked on?

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From what I can see the very bottom sign says that parking and loading rights are suspended for the dates of 28/07/12 & 28/07/12, and on the 04/08/12 and 07/08/12. Isn't that last date the date you say parked on?

 

I wasn't parked.... I stopped ... there's a difference ... and the ticket is for a 'stopping' not for a parking offence ...

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You have just got the rubber stamp appeal, you have to issue a formal appeal when you get the notice to owner and then apply to parking adjudication.

Your appeal, the contravention did not occur.

Stopping is restricted in hours displayed by signs

ticket is issued for PCN code no stopping, at hours exempted by sign.

Expect all appeals to be rubber stamped up to the adjudication.

write down timescale dates, if the council fail to respond move straight on to adjudication, failing to answer appeal on time is fatal to the ticket.

Do not request anything, DEMAND, the ticket is cancelled.

Expert on Parking matters, Banned by MSE ! along with other parking experts on orders of the BPA !

here to SAVE you money !

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I wasn't parked.... I stopped ... there's a difference ... and the ticket is for a 'stopping' not for a parking offence ...

 

What does a red circle, blue infill and a red cross through it mean?.... When i passed my driving test it meant NO STOPPING ON AN URBAN CLEARWAY! You said yourself you stopped therefore you got a ticket!

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You have just got the rubber stamp appeal, you have to issue a formal appeal when you get the notice to owner and then apply to parking adjudication.

 

Your appeal, the contravention did not occur.

Stopping is restricted in hours displayed by signs

ticket is issued for PCN code no stopping, at hours exempted by sign.

Expect all appeals to be rubber stamped up to the adjudication.

write down timescale dates, if the council fail to respond move straight on to adjudication, failing to answer appeal on time is fatal to the ticket.

Do not request anything, DEMAND, the ticket is cancelled.

 

thanks ... I'm up to the adjudication step now ... I finally feel understood ....

 

appreciate everyone's comments ... they are helping to clarify things

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What does a red circle, blue infill and a red cross through it mean?.... When i passed my driving test it meant NO STOPPING ON AN URBAN CLEARWAY! You said yourself you stopped therefore you got a ticket!

 

here the no stopping times are specifically stated so the 'no stopping' restriction doesn't apply at certain times of the day ... as at the time I stopped

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I have to admit, it is very confusing, I would interpret the bottom sign as saying the 2 white ones were suspended but not the top yellow one, (no waiting) But the bottom sign

is just mis-leading in that it starts of by saying about parking and loading only(?)

 

Then the bottom of the bottom sign has the no stopping symbol and 4 dates (which I would interpret as the whole 24hrs of those dates)

 

So I can see why there are various opinions now...

 

Personally I would fight it on the confusing issue of the signs and thought they would have to "cover up" signs that are not valid for temporary periods but follows others advice rather than mine as I am

no expert by a long shot. Good luck.

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