PCN Poor Signage? Do you think I have a case?

Inflatable_Armadillo

Just to give the MSE posters an update.

I have submitted a FOI request and listed out the Sunday's this year the Giants have been at home on a Sunday and asked for how many PCN's issued on each of those Sunday's. I have also asked for PCN's issue on all the other Sunday's, as another check, although the car park is probably not used by many people on a Sunday unless a match is on. I have also asked them to tell me how many PCN's they have issued Monday to Saturday during the same period (Feb to Sept). I do think this might prove my theory, and if it does then I might give an appeal and then I suspect an adjudication a punt.

To be fair to Kirklees, they have now given me until the 14th October to decide whether to appeal or pay up at the reduced amount. This is because Kirklees have until the 10th October to give me the information. They have also said, although we will have to see if this happens, that if they do need longer that they will hold off until such time they are able to give me the information.

I think I will reply to my FOI within the time-frame though. They seem quite good at getting back on time with FOI's.

One thing is clear, I think they will turn down my appeal so my only hope is the figures stacking up and convincing an adjudicator!

Inflatable_Armadillo

Coupon-mad wrote: »

You are unlikely to lose your appeal IMHO. Honestly, the odds are in your favour and pepipoo will help you to word your appeals and to quote statutory regulations and successful adjudications which support your argument.

You will probably get rejection letters from the Council though - because they can! - but it's the adjudicator's decision that will count if you call the Council's bluff and carry on. You only risk possibly being told to pay the full fine (non-discounted) in the end if you actually lose at adjudication. No costs, nothing else as long as you meet your deadlines and do not ignore any letters.

I think if the stats prove my theory, then I think I have a case, if not, then I think it might still be possible but harder.

It has not stopped my writing to the Ops Manager telling him his sign is crap and needs to be clearer and I will keep at him... even if I do bottle it on an appeal!

Coupon-mad

The FOI stats will not make any difference at adjudication - but will be useful for you to put pressure on the Council to maybe think about folding earlier.

At adjudication (and at 'formal appeal' stage once you have a Notice to Owner) you will need to be appealing on grounds which relate to your PCN, and/or the lines, the signs, the Parking Places Order etc. Not on grounds about other people's PCNs.

Good luck and keep your thread on pepipoo active and on page 1 when you need advice at each stage.

HAD29

Hi Inflatable Armadilo.
Just curious, given conversation we are having on the other thread, I am wondering what your view of mans rea is in your own situation!
Cheers