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PCN in a closed road with double yellow lines.
Comments
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I'm not getting that. The road you parked in does not appear to be closed at all. If it was, how did you get there?Its not a 'permanently' closed road yes but was/is temporarily closed due to roadworks.I am guilty of believing that the enforcing authority would see there was no consequence and would exercise discretion.
It isn't a matter of discretion, it is a legal principle and can ultimately be ruled upon, one way or the other, by an Adjudicator.
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I'm not getting that. The road you parked in does not appear to be closed at all. If it was, how did you get there? -
Have you seen the images? (copy+paste the text into a browser) the road closure is a set of railings laid along the junction markings of the road. I was on the main road waiting for the temporary lights but turned left and worked my way around the back.It isn't a matter of discretion, it is a legal principle and can ultimately be ruled upon, one way or the other, by an Adjudicator.
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I got the exercise discretion hint from the following link:
www .redbridge.gov.uk/cms/transport__streets/parking/penalty_charge_notices/challenging_a_pcn/unacceptable_reasons.aspx
Its specific to broken down cars but seems to imply that even if a legal principle had been violated they could accept the mitigating circumstance. Well, that's how I interpreted it anyway.0 -
It's not rocket science mate. If you are in it then it isn't closed is it! Access to beyond is closed.Have you seen the images? (copy+paste the text into a browser) the road closure is a set of railings laid along the junction markings of the road. I was on the main road waiting for the temporary lights but turned left and worked my way around the back.I got the exercise discretion hint from the following link:
www .redbridge.gov.uk/cms/transport__streets/parking/penalty_charge_notices/challenging_a_pcn/unacceptable_reasons.aspx
Its specific to broken down cars but seems to imply that even if a legal principle had been violated they could accept the mitigating circumstance. Well, that's how I interpreted it anyway.
As I said, discretion has nothing to do with it. It is a legal principle, albeit an unusual way to argue 'de minimis'.0
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