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Just got a council PCN for not displaying my "Time of arrival" card alongside my B.B. on a single yellow. Usual £70 reduced to £35 if paid within 14 days. Just wondering, does the Not a genuine pre-estimate of loss gambit carry any weight here, or not apply to council PCNs?.

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I don't think this is to do with loss, I think it's as a deterent.

 

 

Having said that, it's not, it's just another mainey making rip-off by a council.

 

 

You should certainly appeal any way.

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Not a chance if you appeal on that basis. The council are legally entitled to impose a penalty. Private companies are not. Private companies can reasonably claim costs but cannot "fine' you - councils can, and that's what you have.

 

Are there any mitigating circumstances you could bring up instead?

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i thought and know from experience that when a D.D parks on a SYL or DYL that the CEO/Traffic warden on patrol needed to record what time he/she has seen the vehicle in their pocket book or on their handset, then if the vehicle has overstayed the time then a PCN can be issued. time clocks shoul`dnt really come into it. it is the time the vehicle is first seen, how it has been recorded and how the PCN has been issued.

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Thanks letsgetitsorted, I had a vague idea that that's what should have happened. The "Observed" time on the pcn was 12.02 to 12.04 i.e two minutes. and that was one of my appeal points. I had arrived before then of course but don't know if the ceo had actually recorded the first sighting. I went away before the 3 hours was up however. Maybe I should request to see some sort of proof that the car was seen earlier than12.02. The ceo did attach an extra ticket with the words "Your clock is missing or obscured so we do not know your time of arrival" which seems to indicate that 12.02 was the first sighting.

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the CEO/Traffic warden on patrol needed to record what time he/she has seen the vehicle in their pocket book or on their handset, then if the vehicle has overstayed the time then a PCN can be issued. time clocks shoul`dnt really come into it.

 

I can't believe this is true. If so, it would make the BB clocks completely redundant. The whole point of the clock is that the CEO can see when you arrived and whether you have overstayed or not, without having to have observed your car 3 hours earlier.

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I can't believe this is true. If so, it would make the BB clocks completely redundant. The whole point of the clock is that the CEO can see when you arrived and whether you have overstayed or not, without having to have observed your car 3 hours earlier.

 

...and you are right not to believe it. It isn't true.

 

There is a parking restriction of three hours. It's how long the vehicle is parked there which matters, not how long since a CEO happened to first see it. Without a clock correctly displayed, there is no way of knowing, and therefore a PCN is immediately issued for not using the BB parking concession properly. And since the PCN is instant, there is no requirement for any earlier observation time either - you either park with BB and clock correct, or you are in contravention.

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(4) Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that

 

(a)the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day;

 

(b)a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.

http://www.legislation.gov.uk/uksi/2000/683/regulation/8/made

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Thanks again everyone......I guess I'm really stuffed on this one. And just to confirm it I've just received my "Rejection of appeal" e-mail. 35 Sovs down the drain, but they

have extended the discount period for another 14 days. All heart aren't they?

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Thanks again everyone......I guess I'm really stuffed on this one. And just to confirm it I've just received my "Rejection of appeal" e-mail. 35 Sovs down the drain, but they

have extended the discount period for another 14 days. All heart aren't they?

 

Looking at it on the bright side if you learn from your mistake and use the badge properly in future you'll get 3 years of free parking in return for your £35.

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