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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PCN for parking in residents bay on bank holiday


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Dear All,

 

This is my first ever post on the forum and hopefully someone can help me.

 

In August I parked in a residents' bay on a bank holiday. The sign said Mon-Sat 0800-1600. I thought Sunday restrictions would apply on a bank holiday so I could park there. The pay and display bays on the same street are Mon-Sat 0800-1600 and do not charge on a Bank Holiday. I am now appealing to the adjudicator. Any tips on how to make my case?

 

I am also trying to find a electronic copy of the relevant TRO.

It's called Birmingham City Council (Jewellery Quarter Birmingham)(Controlled Parking Zone) order 2011.

I can't find it anywhere!

 

Also is there ever in joy in arguing that the council did not fully consider my original representations so they committed a procedural impropriety?

 

Thanks a lot.

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So far as the adjudicator is concerned, you don't at present have a case. The sign said one thing, you assumed wrongly, another. It's not your fault, but you just didn't assume the right way.

 

There is sometimes joy in arguing the council did not fully consider original representations. Can you give some more details?

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The extra detail is that I am actually a resident but had not yet received my permit as I had only recently moved in. In my representations to them I argued that they should let me off because of this.

 

In their reply they did not make reference to this part of my representations.

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They would be unlikely to cancel the PCN on those grounds, but they should have responded to it. It's more of a technical challange than anything else, but if you want to take it all the way and have a hearing, you can. You might get lucky.

 

Have you tried asking the council for the TRO? They should be able to provide you with a copy.

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OK I now have the TRO. The wording relating to the Residents bays is as follows

 

Where a part of a Road shown on the On-Street plans is identified as a Permit Parking Place, then subject to the provisions of this Order, no person shall except upon the directions of a police constable in uniform or a Traffic Warden or with the permission of an Authorised Person, cause or permit any vehicle to wait in the Permit Parking Place unless:

 

a) it is a passenger vehicle, a goods vehicle not exceeding 5 tonnes maximum gross wight or a solo motor cycle; and

 

b) the vehicle is displaying a valid permit in the relevant position and that permit is so displayed for the whole time that the vehicle remains in the permit parking place

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