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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
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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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Received a PCN cont 30 parked longer than permitted


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Good Evening

today I have been the recipient of a nice little piece of paper requiring me to pay £50 to the council for a parking infringement.

 

The PCN states it was contravention 30, parked for longer than permitted.

 

However I was not parked in a limited waiting area, i was actually parked on DYL which should be an 01 offence however i also had my blue badge on display....

so the question is can i appeal this pcn on the basis that the ticket was incorrectly issued on the basis of the wrong contravention code.

 

cheers

lets

ps was parked for longer than the 3 hours on the badge

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so the question is can i appeal this pcn on the basis that the ticket was incorrectly issued on the basis of the wrong contravention code.

 

Yes you can. The council, of course, will reject your challenge, so the real question is whether an adjudicator would accept the arguement that when the 3 hrs allowed with a blue badge runs out, the contravention becomes parked in a restricted street during prescribed hours or that you were parked longer than permitted due to the BB exemption.

 

Your call, but personally I'd pay the discount

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The code should be the offence cited and you admit overstaying. The ticket was correctly issued. The CEO could have gone for the 01 but didnt, they could have issued a ticket citing both infringements but didnt so they cant apply the 01 retrospectively. You can bet that the notes of the CEO will corroborate the ticket so the best bet is as suggested, pay up.

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I disagree.

 

Code 30 is for staying longer than allowed in a parking bay. For DYL there's no such contravention. After the blue badge exemption expires (three hours) you are in contravention of the DYL - code 01 should be used.

 

Definitely appeal it.

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  • 2 weeks later...

Hi All

Just to update, I appealed the PCN on the basis of the CEO used the wrong contravention code and the response I got was

" As you are aware the Penalty Charge was issued to you as your vehicle was parked in excess of 3 Hours on double yellow lines, In light of the fact however that the Civil Enforcement Officer used an incorrect contravention code i am willing on this occassion to accept your representation and i have arranged for the cancellation of this Penalty Charge Notice.

 

PCN CANCELLED

 

 

cheers

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Cheers Jamberson ....here is the appeal I Used

 

I managed to get back to my car today at 16:30 hrs

This exact location does indeed have a parking restriction and that restriction is

the presence of 2 Yellow Lines.

with this restriction being in place a disabled driver can then park on said DYLs

for a maximum of 3 hours. with no return to that location within one hour.

The Pcn that was issued stated that contravention 30 had occurred, (parked

longer than permitted) which occurs when a car is parked for longer than the

allotted time in a restricted street, for example limited waiting area.

Therefore I believe this PCN has been issued incorrectly.

If however you do believe the PCN was issued correctly, and it is believed that I

should be paid, then I would be inclined to appeal further...and therefore I would

like a copy of the issuing officers pocket book showing details of my car and log

details a copy of the computer log from SIDem showing where and when my car

was logged in and how many times it was logged and what the vehicle valve

positions were at the times of the car being logged in. as well as this information I

would also like to see a copy of each of the photos that where taken by the CEO.

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