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PCN issued to a driver waiting in middle of carriage way in a dead end road


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My friend was waiting for his pessinger in the middle of the Road,

when he was sent a PCN by post for Parking in a "special enforcement Area" Parked 18" away from the kerb.

 

We contested the PCN and in the appeal we maintained that as the vehicle was never parked and driver never left the vehicle,

the parking contravention never occured.

 

PlusThis action by the driver is out of duristriction of the parking services.

 

As the authority did not provide any TMO or any evidence of this "special enforcement Area". we used this for our advantage,

but the adjudicator said, He is satisfied that the law & TMO exist and authority don't need to provide TMO for reference even though they are relying on it,

and in our defence on the appeal form we mentioned that TMO is invalid or does not exist.

 

The adjudicator did not make the decision on the day and said that he will post it.

 

In his decision he upheld our appeal but with a totaly different reason, which we did not even mentioned.

 

He said as the driver was waiting to pick up a passenger for a reasonable time, thats why he upheld the appeal.

 

He did not comment on the reason we argued in the hearing at all.

 

We want to apply for the cost as we believe that this case should not have gone to appeal court

and the authority should have considered our representation in the begining and should have withdrawn the case.

 

Can any expert advice us on our points of argument and how to go about claiming cost on this case,

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Well without seeing the location, it would be difficult to comment especially as the reason that the appeal was upheld was different for the reason given. That sounds very odd to me.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The location is Opp. Herbert Road car Park Southall, you can find it on google setelite. it is the back side of The Broadway Southall Junction with Herbert Road. The vehicle was stopped Parallel to the parking spaces behind the shops,Opp car park entrence. I strongly think that this does not come in the durestriction of parking authority, it was a senario when Police can issue a notice for obstruction of carriage way. It was literaly double parked on the carriageway but with driver sitting in the car all the time.

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Was it here?

 

https://maps.google.co.uk/maps?q=Herbert+Road,+Southall&hl=en&ll=51.51108,-0.377955&spn=0.004601,0.011362&sll=53.800651,-4.064941&sspn=8.895518,23.269043&oq=Herbert+Road.&hnear=Herbert+Rd,+Southall,+Middlesex+UB1+1LH,+United+Kingdom&t=m&z=17&layer=c&cbll=51.511082,-0.377847&panoid=656Vwt4oEPHy3h-oJ9tnrQ&cbp=12,274.27,,0,-5.52

 

If so it seems like an adopted road to me meaning that it would come under the durestriction of the LA's parking enforcement. If you were double parked for any length of time, I would say that you were lucky to get the PCN quashed. My guess is that they used the wrong contravention... should of possibly been code 26 'Vehicle parked more than 50 cm from the edge of the carriageway and not within a designated parking place'. But as this was in London, it may have a separate TMO.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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They did use Code 26, Surely this code 26 is for vehicle parked in the designated parking place but away from the curb. if vehicle is not even touching the parking place and driver is not claiming to be parked in parking place, Then how code 26 comes in effect. It was middle of the Road the vehicle was stoped, surely only Police can issue a notice of obstruction in this senario. Or this code 26 can be used for vehicle stoped any where on the road not even remotely connected to a parking place.

Other argument was that the authority did not provide any ref. to the law or a TMO. Surely in any court of law, the evidence of relevent law is crucial for the authority, without which it is impossible o prove any case. Now a days most adjudicators are assuming that the TMO exist without having to look at it, which is very unfair for the appealant. what is the opinion of any law expert on this?

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They did use Code 26, Surely this code 26 is for vehicle parked in the designated parking place but away from the curb. if vehicle is not even touching the parking place and driver is not claiming to be parked in parking place, Then how code 26 comes in effect. It was middle of the Road the vehicle was stoped, surely only Police can issue a notice of obstruction in this senario. Or this code 26 can be used for vehicle stoped any where on the road not even remotely connected to a parking place.

Other argument was that the authority did not provide any ref. to the law or a TMO. Surely in any court of law, the evidence of relevent law is crucial for the authority, without which it is impossible o prove any case. Now a days most adjudicators are assuming that the TMO exist without having to look at it, which is very unfair for the appealant. what is the opinion of any law expert on this?

 

The police could indeed issue an FPN (different ball game to a PCN) for obstruction for the same scenario. But a CEO (who cannot issue FPN's) is perfectly entitled to issue the appropriate PCN which would be (IMO) code 26. The fact that the driver was in the car would be irrelevant in both cases. Having said that, you appear to have had the PCN quashed by the adjudicator so its all academic now. However, I think you were lucky. If it had been an FPN issued by the police, you would of had to have it dealt with in a magistrates court.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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