Powys council- how very odd

[Seannachie]

keninpalamos - 2017-01-08 8:59 PM

 

"Codes 23 and 91 both DO refer to parking the wrong type of vehicle in a designated space, however there does not appear top be any Code prohibiting sleeping in a vehicle. "As stated by Seannatchie. This is how most people would read Codes 23 & 91 and I understand Seannatchie driving home his point by using capitals for "do", but, (sorry, there's always a " but") if he would care to read codes 23 & 91 again, word for word he seems to have replaced the word "class" with the word "type" which, according to The MOT & The DVLA is a totally different thing. If you take a look at your vehicle's registration certificate have a look at the class of your vehicle. Now I don't know what is printed on yours but on my Mercedes Vito Camper it states that it comes under the class of PLG. Private light goods. So if a council or who ever issues you witha PNC 23 or 91 that is for parking the wrong class of vehicle. A camper, motorhome is a type of vehicle. Look at your reg. certificate. So, again, there is NO PNC code for the a type of vehicle only for a class of vehicle. *-

 

First, my apologies for trying to be helpful with my original comment.

 

Second, you may well take exception to what I posted but you are incorrect when you state that there is 'always a but' as courts do not consider 'buts' as they will apply the so-called 'Rules and Principles of Statutory Interpretation' when applying the law; these do not allow for a 'but'. So, good luck with your argument and please report here if you are successful with it.

 

Third, I can't answer for the precise wording on your V5C but mine says something completely different from what you state your does as it has the following entries:

 

"D2: Type: K

D.5 Body Type Motor Caravan

[X] Taxation class Private Light Goods (PLG)"

 

The only referenced to 'class' on my V5C is in the precise context of 'Taxation Class', but the Offence Codes do not refer to 'Taxation Class' but simply to 'class' which, I believe, will be interpreted by courts to parking the wrong type of vehicle in an area not designated for that type. Clearly you do not agree with me, which is okay, but as I said above, do please report here if you are successful with your argument vis a vis the authorities. And with that, I have no further comments to make.

 

Good luck.

[keninpalamos]

They may not consider "buts" but perhaps the letter of the law as it is written. I do not have the V5C for my Camper with me so from memory it states Class. PLG and above that Type. Motorhome, this is probably due to the age of the vehicle. The fact remains that PCN 23 etc does state class as apposed to type. What would happen in the court I can not say as I have no experience of such matters and can only guess that you have. If I am unfortunate enough to receive a PCN I will post the result here, but don't hold your breath as I can't see it happening any time soon :-D