PCN Received in a space with no markings or signs, No white markings |
PCN Received in a space with no markings or signs, No white markings |
Mon, 18 Mar 2019 - 22:47
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#1
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New Member Group: Members Posts: 4 Joined: 18 Mar 2019 Member No.: 102,986 |
We received a PCN today in a space with absolutely no markings or signs
Here is the appeal I am sending off: Dear Sir or Madam, REF : XXXX My wife and I wish to make a representation against the imposition of the Penalty Charge for PCN Number XXXX received today in Popes Avenue, Twickenham The representation is made on the following grounds The alleged contravention did not occur There are no white lines / markings or any notices on the side of the street our vehicle was parked. Attached are supporting photographs. If this appeal is rejected what is the next step? I want to fight this as far as I can because it is wrong. https://imagizer.imageshack.com/img921/4051/UdV5BY.jpg |
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Mon, 18 Mar 2019 - 22:47
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Mon, 18 Mar 2019 - 23:22
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#2
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
I think the assumption it's that simple is unwise.
Probably relevant to https://www.thegazette.co.uk/notice/3202005 Somewhere around here; to the left maybe? https://www.google.com/maps/@51.4434573,-0....6384!8i8192 -------------------- |
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Tue, 19 Mar 2019 - 11:06
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Show us all the council images.
-------------------- 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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Wed, 20 Mar 2019 - 19:14
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#4
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New Member Group: Members Posts: 4 Joined: 18 Mar 2019 Member No.: 102,986 |
Show us all the council images. It was parked where this silver Ford is parked on the left https://www.google.com/maps/@51.4414411,-0....6384!8i8192 I think the assumption it's that simple is unwise. Probably relevant to https://www.thegazette.co.uk/notice/3202005 Somewhere around here; to the left maybe? https://www.google.com/maps/@51.4434573,-0....6384!8i8192 It was parked where the silver Ford is parked here on the left https://www.google.com/maps/@51.4414411,-0....6384!8i8192 On the other side of the road were white markings but not on the side where we parked |
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Wed, 20 Mar 2019 - 19:53
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#5
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
And the council pics?
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Wed, 20 Mar 2019 - 20:40
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#6
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New Member Group: Members Posts: 4 Joined: 18 Mar 2019 Member No.: 102,986 |
And the council pics? Apologies... Council pics now attached I have no idea where this sign is but we could not see it when we parked And the council pics? Apologies... Council pics now attached I have no idea where this sign is but we could not see it when we parked I have now worked out where this sign actually is... !! Right down the bottom of the road - nowhere near where the actual parking space is !! It is by the recycling bins seen in the picture on the right here: https://www.google.com/maps/@51.4388435,-0....6384!8i8192 I can't quite believe this |
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Wed, 20 Mar 2019 - 20:47
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#7
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
I have no idea where this sign is but we could not see it when we parked I have now worked out where this sign actually is... !! Right down the bottom of the road - nowhere near where the actual parking space is !! It is by the recycling bins seen in the picture on the right here: https://www.google.com/maps/@51.4388435,-0....6384!8i8192 I can't quite believe this And there'll be another at the other end. Not looking good but wait for others' views. -------------------- |
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Wed, 20 Mar 2019 - 21:01
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#8
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Member Group: Members Posts: 516 Joined: 27 Sep 2008 Member No.: 22,840 |
contravention is code 12s and PCN says you were in a shared use bay. I don't see any evidence of that. PCN also says "CPZ SH" but no CPZ sign (controlled parking zone) is featured.
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Wed, 20 Mar 2019 - 21:17
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#9
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Member Group: Members Posts: 29,268 Joined: 16 Jan 2008 Member No.: 16,671 |
contravention is code 12s and PCN says you were in a shared use bay. I don't see any evidence of that. Good point and it can't be, according to the PPA sign. -------------------- |
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Fri, 22 Mar 2019 - 23:40
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#10
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I agree, it should be contravention 19, Parked in a permit space or zone without clearly displaying a valid permit
-------------------- 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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Sat, 23 Mar 2019 - 09:55
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#11
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New Member Group: Members Posts: 4 Joined: 18 Mar 2019 Member No.: 102,986 |
I agree, it should be contravention 19, Parked in a permit space or zone without clearly displaying a valid permit [quote name='Neil B' Thank you so much Phantom Crusader, Neil and cp8759 I will amend my appeal accordingly and keep you updated This post has been edited by JustAnotherMotorist: Sat, 23 Mar 2019 - 10:12 |
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Sat, 23 Mar 2019 - 10:52
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#12
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Strictly speaking it should be neither!
The OP did not display any permit as far as this thread reveals, so 19 is not applicable. And we know that adjs don't attach much weight to the distinction between 'permit' holder and 'resident's permit' holder. So IMO it should be 16 but this would not win at adj and would not persuade the council either. OP, do not get your hopes up on this point. You were in a 'permit parking area' and parked in a parking place subject to the restriction indicated on the sign: http://www.legislation.gov.uk/uksi/2016/362/schedule/1/made and the sign is at Item 5, Part 3 Sign Table http://www.legislation.gov.uk/uksi/2016/362/schedule/5/made DYLs within a PPA are perfectly OK. I'm interesed in 'On the other side of the road were white markings but not on the side where we parked' as this could be a defence depending on whether these are 'signed bays' and what restriction applies. This post has been edited by hcandersen: Sat, 23 Mar 2019 - 10:56 |
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