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PCN 23 for parking in area for taxis
fshoukat
post Sun, 8 Nov 2015 - 14:44
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Hi hope you are all well. Not my week this week hardly ever get any PCN's and this week got two. Nightmare.

So for the recent one I got I believe this one I may have good grounds to appeal but thought I would run it past the knowledge base here initially. So yesterday I parked in a Great Horton road in Bradford taking a space another car had just left. As you can see from the pictures there were loads of other cars parked there too. I looked at the signs and for some reason didn't acknowledge the no waiting except taxis sign and only noticed the goods vehicle loading sign as seen in the images.

So my point of appeal here is that

1. There are no road markings to indicate that I had parked in a restricted area
2. The contravention that occurred is marked as 23. For parking in a taxi place should it not be 45. 23 would apply for the goods loading sign which I didnt contravene.
3. The plate times show my vehicle was only observed for 1 min. Is there not a minimum of 5 mins for contravention 23

Can any of you guys advice on this please

Thanks in advance

This picture shows the sign There are two of these on the side of the road



These pictures show where my vehicle was parked and as you can see from the road markings no indication is given that I am parking in a restricted area.









And here is the PCn in case there are some issues with it





Thanks guys






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post Sun, 8 Nov 2015 - 14:44
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PASTMYBEST
post Sun, 8 Nov 2015 - 17:58
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please post a gsv link so we can have a look round


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Bagshot
post Mon, 9 Nov 2015 - 09:58
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Here?
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fshoukat
post Mon, 9 Nov 2015 - 10:03
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Here is the GSV link

https://www.google.co.uk/maps/@53.791419,-1...#33;6m1!1e1

All advice is appreciated

Thanks in advance

QUOTE (Bagshot @ Mon, 9 Nov 2015 - 09:58) *


Yes seems we replied at the same time smile.gif
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Mad Mick V
post Mon, 9 Nov 2015 - 12:20
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GSV gives a different street name than that on the PCN. That's the first ground of appeal. The second is that you parked on a taxi rank and therefore , as you surmise, the contravention must be incorrect. It should be a Code 45.

If you can get hold of the Civil Enforcement Officers Handbook (although for London) Code 23 uses suffixes to indicate the type of bay:-

A suffix is required to fully describe the contravention.
Suffixes:
b = business bay
c = buses only
d = doctors’ bay
e = car club bay
f = free parking bay
g = motorcycle bay
h = hospital bay
j = camera enforcement
k = ambulance bay
l = loading place
p = pay and display
r = residents’ bay
s = shared use bay
v = voucher bay
1 = electric vehicles bay
2 = goods vehicle loading bays
3 = bicycle bay

Notice the absence of taxis!!!

Mick
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DancingDad
post Mon, 9 Nov 2015 - 12:24
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I'm in two minds on this one.
Hopefully others may comment.

The restriction shown on the sign (650.2) is a no waiting restriction with an exemption for Taxis.
Therefore I would have thought a contravention 01, parked in a restricted street.... would have been more appropriate.
Having said that, the restriction is specifically exempted for a class of vehicles, ie Taxis. so does class of vehicle apply ?

Being as it is a waiting restriction, exemptions do apply, boarding/alighting and loading are the common ones, 1 minute observation time is sufficient for class of vehicle but not for exemptions that would apply to the actual restriction shown by the sign.

Can't see arguments on signage flying too well, even if the sign is bent, it is still readable and clear. And motorists are expected to check signs in a parking bay. An adjudicator would expect, given normal reading practice, that the uppermost sign is read first and that is the operative one.

Just read MMV's post

Totally agree with both points.
Location being incorrect should be a clear winner
Patrol contravention codes as they apply to Bradford
http://www.patrol-uk.info/patrol/info/1/pa...vention_codes/2



This post has been edited by DancingDad: Mon, 9 Nov 2015 - 12:30
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fshoukat
post Mon, 9 Nov 2015 - 15:01
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Yes I see that on GSV the location is marked as Randall Well Street but if you look at the actual street map the street is labelled Great Horton road. See image below. The blue mark indicates where I was parked. I think it is an error with GSV that it is marked as Randall Well Street.



The only difference is on the PCN it states Great Horton road - Central and actually it is Great Horton Road according to google maps.

So I don't think the location argument will fly here unfortunately.

So that leaves me with the contravention being incorrect. Am I on good ground to argue that point that contravention 23 is for the good vehicle loading contravention and I was not parked there within that time. If I am being charged for parking in a taxi rank then the contravention should have been 45 so the detail on the PCN is incorrect. Also no suffix is added and for contravention 23 a suffix is required as shown in

http://www.britishparking.co.uk/write/Docu...e_list_v6_7.pdf

Is that about right?

This post has been edited by fshoukat: Mon, 9 Nov 2015 - 15:12
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fshoukat
post Wed, 11 Nov 2015 - 10:11
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Anyone have any further comments on this please
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