PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

code 45 issued, code 45 issued but niot a taxi rank
Pinkprincess24
post Mon, 5 Nov 2018 - 12:54
Post #1


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



Good afternoon all, I require some help please. I was parked in a bay Monday evening Oct 29th and came back to my car to find I had been issued a PCN code 45.
I was not aware that this was a taxi rank as there is no indication to say this anywhere.
Obviously after I read the ticket I then looked out for signs but I only found ones stating "No stopping between 6pm and 8am"and the one underneath stated "pay and display".
Rather confusing to say the least as I have parked there previously during the day. Would anyone be able to help me please. I will try to upload a picture of the pcn once
I work out how to,Thank you.
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Mon, 5 Nov 2018 - 12:54
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Mon, 5 Nov 2018 - 12:57
Post #2


Member


Group: Members
Posts: 5,582
Joined: 3 Dec 2010
Member No.: 42,618



Upload pictures to imgur.com and post a link, the upload functionality on here doesn't have enough space to be useful.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Mon, 5 Nov 2018 - 13:00
Post #3


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



QUOTE (cp8759 @ Mon, 5 Nov 2018 - 12:57) *
Upload pictures to imgur.com and post a link, the upload functionality on here doesn't have enough space to be useful.

Thank you, I will do that.

Thank you.
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 11:42
Post #4


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



https://i.imgur.com/nThutMs.jpg

Taxi rank https://imgur.com/a/FZMFgmQ

I've posted the link, pictures contain the parking ticket and where I parked. I parked by where the mini was parked. I have drafted a letter for my appeal but not sure if it's all worded correctly. Thanks in advance for any help.
Go to the top of the page
 
+Quote Post
cp8759
post Fri, 9 Nov 2018 - 11:49
Post #5


Member


Group: Members
Posts: 5,582
Joined: 3 Dec 2010
Member No.: 42,618



So here: https://www.google.co.uk/maps/@52.4085113,-...33;8i6656?hl=en

I can't read the sign but it looks like it says no stopping except taxis. You need to email the council and ask them for the photos taken by the CEO.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 9 Nov 2018 - 11:55
Post #6


Member


Group: Members
Posts: 14,039
Joined: 6 Nov 2014
Member No.: 74,048



Get and post the council photos


https://www.google.co.uk/maps/@52.4085286,-...3312!8i6656
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 12:01
Post #7


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



Hi, Yes it does say no stopping except taxis. But I've got a ticket for parking in a taxi rank. But it's not a taxi rank. I've got a pic of the taxi ranks in Coventry according to the council website and fleet street isn't on it.

Attached Image


I'm just wondering if there is anyway of appealing it??
Attached thumbnail(s)
Attached Image
Attached Image
 
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 9 Nov 2018 - 12:10
Post #8


Member


Group: Members
Posts: 14,039
Joined: 6 Nov 2014
Member No.: 74,048



If a no stopping restriction, I would suggest that the broad yellow line is still required as per 1028.5 road marking. I cannot see an SoS authorisation to omit it
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 12:49
Post #9


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



Looking at other posts It does look as though there should be some kind of marking on the road to alert you but there isn't any. I'll upload my appeal letter in a moment.Thanks everyone for your input.

This post has been edited by Pinkprincess24: Fri, 9 Nov 2018 - 12:49
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 13:32
Post #10


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



To Whom It May Concern,

Please find below my informal appeal against PCN Number: CV12136632

I was parked on Fleet street on October 29, 2018 and received the ticket marked "Contravention Code 45 - Parked on a taxi rank", please view my points below as to my reasons why this contravention did not occur.

1. There are no markings on the road of any sort to draw your attention to the fact there are parking restrictions. Therefore, there is nothing to indicate that you must look for a sign giving the details of the restrictions. There is nothing on the road to indicate that parking restrictions differ on any part of Fleet street other than the “no stopping except taxis” and “pay and display” , therefore the contravention did not occur.

2. This is not a taxi bay nor rank. Therefore, the PCN is invalid. The offence it claims I have committed (code 45). This cannot be possible as there is no taxi bay/rank at this location. A taxi bay/rank must state "TAXI" on the floor next to it, Therefore, the contravention did not occur.

3. The small sign further along Spon Street which is not labelled as a "Taxi Rank" simply states "No stopping except taxis". Even if the correct markings on the road had been in situ to draw attention to the sign, the sign doesn't state "no parking". There is also nothing to show what area of the road this restriction refers to; Therefore, the contravention did not occur.

4. Additionally, to the incorrect markings, lack of clear indication where the "no stopping" sign relates to and lack of instructions to inform taxis where their rank exists the reverse of the PCN is fatally flawed with multiple mentions of within 28 days with respect to the Parking Charge Notice and appealing the Notice to Owner. This is incorrect as it adds a day to the time that the law permits. This can be viewed as in the PATAS key case, Als Bar v Wandsworth. Therefore, there has been a procedural impropriety by the council.

I look forward to hearing from you with regards to this matter. If you find my informal appeal unsuccessful I will be willing to lodge a formal appeal with further supporting evidence of all the above points, and information from the secretary of state with regards to an invalid traffic regulation order (TRO) which operates on this street.



Does my appeal look ok or do I need to add anything else??
Thank you
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 9 Nov 2018 - 13:50
Post #11


Member


Group: Members
Posts: 14,039
Joined: 6 Nov 2014
Member No.: 74,048



Leave out point 3 why tell them you know what the sign says and weaken your case. Also post the photos, the signage might well be obscured but we cant help

Yes there should be a road marking a broad yellow line and yellow bay markings (they may be able to omit those in a layby

Schedule 7 part 4 item 7 here

www.legislation.gov.uk/uksi/2016/362/schedule/7/made

copy&paste the link to your browser
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 14:09
Post #12


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



ok thank you.

To Whom It May Concern,

Please find below my informal appeal against PCN Number: CV12136632

I was parked on Fleet street on October 29, 2018 and received the ticket marked "Contravention Code 45 - Parked on a taxi rank", please view my points below as to my reasons why this contravention did not occur.

1. There are no markings on the road of any sort to draw your attention to the fact there are parking restrictions. Therefore, there is nothing to indicate that you must look for a sign giving the details of the restrictions. There is nothing on the road to indicate that parking restrictions differ on any part of Fleet street other than the “no stopping except taxis” and “pay and display”, therefore the contravention did not occur.

2. This is not a taxi bay nor rank. Therefore, the PCN is invalid. The offence it claims I have committed (code 45). This cannot be possible as there is no taxi bay/rank at this location. A taxi bay/rank must state "TAXI" on the floor next to it, Therefore, the contravention did not occur.


3. Additionally, to the incorrect markings, lack of clear indication where the "no stopping" sign relates to and lack of instructions to inform taxis where their rank exists the reverse of the PCN is fatally flawed with multiple mentions of within 28 days with respect to the Parking Charge Notice and appealing the Notice to Owner. This is incorrect as it adds a day to the time that the law permits. This can be viewed as in the PATAS key case, Als Bar v Wandsworth. Therefore, there has been a procedural impropriety by the council.
4. If there is a no stopping restriction, I would suggest that the broad yellow line is still required as per 1028.5 road marking. I do not see an SoS authorisation to omit it

I look forward to hearing from you with regards to this matter. If you find my informal appeal unsuccessful I will be willing to lodge a formal appeal with further supporting evidence of all the above points, and information from the department of transport with regards to an invalid traffic regulation order (TRO) which operates on this street.

Kind Regards


Go to the top of the page
 
+Quote Post
cp8759
post Fri, 9 Nov 2018 - 14:10
Post #13


Member


Group: Members
Posts: 5,582
Joined: 3 Dec 2010
Member No.: 42,618



Take out "If you find my informal appeal unsuccessful I will be willing to lodge a formal appeal with further supporting evidence of all the above points, and information from the department of transport with regards to an invalid traffic regulation order (TRO) which operates on this street" and replace it with:

If my informal representations are rejected, please would you provide a copy of the Traffic Regulation Order which you rely on.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 14:11
Post #14


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



Ok Ive taken out point 3, is it worth mentioning that I did have a disabled badge displayed??? As I only seen the pay and display machine over the road and it did not occur to me to look up towards the air for any signs ??
Go to the top of the page
 
+Quote Post
cp8759
post Fri, 9 Nov 2018 - 14:14
Post #15


Member


Group: Members
Posts: 5,582
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Pinkprincess24 @ Fri, 9 Nov 2018 - 14:11) *
Ok Ive taken out point 3, is it worth mentioning that I did have a disabled badge displayed??? As I only seen the pay and display machine over the road and it did not occur to me to look up towards the air for any signs ??

Yes you should mention your blue badge if you have one. Also replace the work "appeal" with "representations" throughout your draft.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
Pinkprincess24
post Fri, 9 Nov 2018 - 14:33
Post #16


Member


Group: Members
Posts: 10
Joined: 5 Nov 2018
Member No.: 100,783



Ok thank you, ill also put a picture of my blue badge in the appeal that the warden would have seen as it was displayed in my dashboard at the time.

5. I also did at the time have my blue badge displayed on the dashboard of my car, as I am a disabled driver I only noticed the pay and display meter at the time as it was dark.



ill take out the bit where I said it was dark.
Go to the top of the page
 
+Quote Post
Mad Mick V
post Fri, 9 Nov 2018 - 14:55
Post #17


Member


Group: Members
Posts: 6,766
Joined: 28 Mar 2007
Member No.: 11,355



OP---before you send that have a look at a Coventry TRO:-

https://tro.trafficpenaltytribunal.gov.uk/T...try/CV37(2).pdf

Two issues leap out.

1) Lots of exemptions for a BB holder;
2) Taxi Rank- see the Interpretation section under hackney cab rank----- has to have road markings to be a rank/stand.

Even if they try to catch you for not being the correct "type" of vehicle your BB gives you an exemption.

This is a waiting restriction with an exemption for taxis, ergo like most waiting restrictions BB holders are exempt.

Mick
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 9 Nov 2018 - 15:07
Post #18


Member


Group: Members
Posts: 14,039
Joined: 6 Nov 2014
Member No.: 74,048



Still no photos. Is it a waiting or a stopping restriction?
Go to the top of the page
 
+Quote Post
Mad Mick V
post Fri, 9 Nov 2018 - 17:34
Post #19


Member


Group: Members
Posts: 6,766
Joined: 28 Mar 2007
Member No.: 11,355



Waiting

https://www.google.co.uk/maps/place/Fleet+S...33;4d-1.5158231

Mick
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 9 Nov 2018 - 19:13
Post #20


Member


Group: Members
Posts: 14,039
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (Mad Mick V @ Fri, 9 Nov 2018 - 17:34) *


You've got better eye than me Mick but timeline clears it up

https://www.google.co.uk/maps/place/Fleet+S...33;4d-1.5158231


So BB exemption must be in play. If it was displayed

Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 15th November 2018 - 19:49
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.