Got PCN, Parked on wide pedestrian pavement and with double yellow lines next to the Kurb, I parked on pavement with double yellow lines |
Got PCN, Parked on wide pedestrian pavement and with double yellow lines next to the Kurb, I parked on pavement with double yellow lines |
Sun, 24 Mar 2019 - 19:01
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#1
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New Member Group: Members Posts: 4 Joined: 24 Mar 2019 Member No.: 103,087 |
Hi, last week I parked my whole car on the pavement, it wasn’t half on pavement and half on road but the whole car was on pavement as it was quite big. So I went to the post office for 15 mins and came back to see a parking warden printing the ticket out, as I was about to drive off he quickly put the ticket on my windscreen without the yellow plastic bag. I assume he had not taken pictures of the car because it’s usually the ticket stuck on the windscreen and then the warden takes pictures of the car with the ticket stuck on. Now I don’t know whether I should pay the fine, or wait for the council to send me the letter that I haven’t paid within 14 days which means the fine will double from £35 to £70 and then ask them for photographic evidence of the contravention. The PCN is from Sandwell council and the code of contravention is 01 which states on the ticket “ parked in a restricted street during prescribed hours”. Thank you.
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Sun, 24 Mar 2019 - 19:01
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Sun, 24 Mar 2019 - 19:13
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Pics are not needed. If you are bang to rights I would pay the discount, as yellow lines cover the pavement to property boundaries.
if you were loading something that's an exemption but 15 mins is a long time. Post the PCN and a google street view link. Put pics on https://imgbb.com or such like. This post has been edited by stamfordman: Sun, 24 Mar 2019 - 19:16 |
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Sun, 24 Mar 2019 - 20:37
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#3
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
PCN has got to be "affixed", Did he place it under wipers or just chuck it on the bonnet?
See if you can get photos from the council's website. Mick |
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Sun, 24 Mar 2019 - 23:01
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#4
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Member Group: Members Posts: 21,014 Joined: 22 Apr 2012 Member No.: 54,455 |
Basically you are bang-to-rights on this one. It appears you did not know that double-yellow lines cover from the centre line of the carriageway up to the property line on the side they are painted and include footways and verges. Whilst a PCN should be "affixed", I doubt whether claiming the PCN was not served will get you far with an adjudicator. Best pay the discount, I reckon.
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Mon, 25 Mar 2019 - 20:16
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#5
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Post up a copy of the PCN (both sides in full) so we can check for errors in the small print.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 25 Mar 2019 - 23:16
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#6
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New Member Group: Members Posts: 4 Joined: 24 Mar 2019 Member No.: 103,087 |
Hi
Thank you very much for your advice and here’s the picture of the street view of where I parked so I basically parked on the pavement to the right side of the yellow lines. Here’s the link for the pictures https://ibb.co/XJ7jk8w https://ibb.co/cxhf2HX https://ibb.co/wgsnDh6 Also he affixed it under the wipers but I’m sure there’s not any proof he done that as there’s no pictures so I could possibly say I wasn’t there or it wasn’t me or my car. Also he affixed it under the wipers but I’m sure there’s not any proof he done that as there’s no pictures so I could possibly say I wasn’t there or it wasn’t me or my car. |
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Mon, 25 Mar 2019 - 23:29
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#7
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Member Group: Members Posts: 21,014 Joined: 22 Apr 2012 Member No.: 54,455 |
From what you have told us so far, you are totally bang-to-rights on the contravention, the only possible get-out is a fatal error in the content of the PCN. Whilst the CEO may not have put the PCN in a yellow envelope, for me, the PCN was served and that is all that matters. Frankly, I'd pay the discount. You thought where you parked gave you immunity from the DYLs ban on parking, but you were wrong. Put it down as a learning opportunity in Life's Rich Pageant.
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Mon, 25 Mar 2019 - 23:37
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#8
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
You say there is not any proof. Proof is not needed, the council must show that on the balance of probability the CEO did place the PCN on the car. Under the windscreen wiper will suffice.
So you go to tribunal and are asked was the PCN placed on your car, how do you answer? Yes case closed. No then the adjudicator makes a decision and you have told a deliberate lie. That's a fine of up to £5k, a prison sentence and a criminal record for the sake of a £130 penalty You can risk it if you want, but I don't think anyone here will advise it -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 25 Mar 2019 - 23:51
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#9
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New Member Group: Members Posts: 4 Joined: 24 Mar 2019 Member No.: 103,087 |
Thank you for the advice, I’ve got till Friday to pay and I’ll pay it tomorrow in the morning.
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