Author Topic: Footpath parking question.  (Read 9359 times)

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Offline Pat Pending

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Re: Footpath parking question.
« Reply #15 on: 21 April, 2012, 06:03:53 PM »
Reverse of ticket.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline The Phoenix

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Re: Footpath parking question.
« Reply #16 on: 22 April, 2012, 01:08:42 AM »
PCN seems ok to me, sorry to say.  Best go with the "legitimate expectation" argument.
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.  Not to be confused with the Patas Adjudicator - a species yet to be studied.  Use extreme caution: it's  unpredictable

Nigel W

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Re: Footpath parking question.
« Reply #17 on: 22 April, 2012, 09:37:10 AM »
I can reiterate what Phoenix says above. PCN is OK.

Offline Pat Pending

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Re: Footpath parking question.
« Reply #18 on: 22 April, 2012, 10:21:34 AM »
Ok guys thanks for the help it is always best to let other people have a butchers in case there is a loop hole.
I will have a chat with him later today and tell him what to say on his appeal to the PCN, its worth a punt.
Is there any point in mentioning previous cases of legitimate expectation on the first appeal to the LA?
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Nigel W

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Re: Footpath parking question.
« Reply #19 on: 22 April, 2012, 10:31:25 AM »
He should mention in his reps. that he has been parking there for X amount of time on a regular basis and that no PCN had previously been issued to him.

Also state that, he had a reasonable expectation as a result of his previous parking there, that on the day the PCN was issued he was parking lawfully. He can refer to and quote the Adjudications above.

If he also states that since receiving the PCN he has not parked there since and will not do so in future this should help.

Offline The Phoenix

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Re: Footpath parking question.
« Reply #20 on: 22 April, 2012, 11:12:56 AM »
I would also include the "standard" requests re CEO's notes, full photographic evidence to make them work and require of them when and why they have started enforcing this location.  I don't suppose your mate has had any chit-chats with any CEO(s) about allowing him to park there in the past?
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.  Not to be confused with the Patas Adjudicator - a species yet to be studied.  Use extreme caution: it's  unpredictable

Offline Pat Pending

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Re: Footpath parking question.
« Reply #21 on: 22 April, 2012, 12:10:17 PM »
No chit chats, they just started enforcing after years of ignoring the place. They have started to enforce on the run up to the Olympics we think.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: Footpath parking question.
« Reply #22 on: 22 April, 2012, 02:04:30 PM »
No chit chats, they just started enforcing after years of ignoring the place. They have started to enforce on the run up to the Olympics when they noticed there was extra money to be had we think.

I'll save you thinking, that's exactly why.

 ;D
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline jonesy

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Re: Footpath parking question.
« Reply #23 on: 24 April, 2012, 10:20:12 PM »
Ok I have checked with Lee Valley and seen their maps of the area, unfortunately the bit of land which the bike was parked is Hackney's and/or highways the other side of the road beyond the boundary is Lee Valley's

Offline Pat Pending

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Re: Footpath parking question.
« Reply #24 on: 25 April, 2012, 06:23:38 PM »
Thanks Jonesy.  It was well worth a shot.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline The Phoenix

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Re: Footpath parking question.
« Reply #25 on: 29 April, 2012, 03:35:30 PM »
Another case:  2110055104
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.  Not to be confused with the Patas Adjudicator - a species yet to be studied.  Use extreme caution: it's  unpredictable

Offline Ewan Hoosami

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Re: Footpath parking question.
« Reply #26 on: 29 April, 2012, 04:20:45 PM »
Top example Phoenix.

"The main plank of the Appellant's case is that he has been parking in this way for at least three years without complaint or enforcement. The Council does not appear to challenge this. It seems to  me that if the Council allows three years to pass allowing a vehicle to park in this way with no action taken the Council is giving an implied permission to park in this fashion which it cannot revoke without giving some sort of notice. The PCN issued in the present case naturally has that effect and the Appellant cannot park in this position in future. In the circumstances the present Penalty is unenforceable and the Appeal is allowed."

 :aplude:
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Pat Pending

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Re: Footpath parking question.
« Reply #27 on: 29 April, 2012, 07:52:00 PM »
Appeal against this PCN has been sent quoting the three PaTAS cases mentioned and the Legitimate expectation, let us see what the EA comes back with. <_>
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: Footpath parking question.
« Reply #28 on: 29 April, 2012, 11:33:38 PM »
Something along the lines of them being satisfied, I shouldn't wonder. When you eventually get to PATAS with it, you may want to consider adding a paragraph about how far away from the pavement the bike was, just as a fall back. I'm sure the council will not be able to resist including a condescending lecture about how pavement parking inconveniences pedestrians. Your photo on page 1 has a helpful workman demonstrating where the pavement is and how the bike is probably nearer to Mare Street than Eastway.

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Pat Pending

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Re: Footpath parking question.
« Reply #29 on: 29 April, 2012, 11:52:15 PM »
The picture was sent to the EA with the reasons for cancelling the PCN. The EA involved is Hackney and I do not know if they are better worse or the same as other EA's.  You are quite right about the distance from the footpath though, the only people it may inconvenience are scrotes and toe rags making their way to the bikes to try and nick them or strip bits off them. :bashy:
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

 


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