Temporary Parking Restriction PCN, PCN given due to new temporary parking restrictions |
Temporary Parking Restriction PCN, PCN given due to new temporary parking restrictions |
Mon, 17 Sep 2018 - 11:25
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#1
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New Member Group: Members Posts: 5 Joined: 17 Sep 2018 Member No.: 99,924 |
Hello FightBack users!
I was directed here by the great guys at MSE parking forums, who've helped me in the past with private companies, however, this PCN has been given to me by a council. (I'm not sure what information to give or not give at this moment so I'll restrict what council it is unless asked) Today I ran to my car as it was being given a ticket. The area where I park in London is free on-site parking, however, at some point during the weekend (I suspect Sunday) the council have ziptied yellow restriction signs to all of the surrounding roads because of 'lining work' happening today and tomorrow. (The sign states no loading or waiting). (I have photos) There are two issues I want to focus on regarding this notice. How much time does a council need to give to tell residents about this restrictions, and would an appeal based on 'reasonable time given' work additionally would they likely have the proof of when they posted these signs to back this up? Secondly, the windwscreen notice itself has listed incorrect information regarding my car, would this be an easy way to get this thrown out? Again this windowscreen notice has the typical '14 days to pay warning', I'm aware of the normal procedure regarding private companies, but would one of the helpful forum users out there be able to; 1) Advise on the above details referring to appealing 2) Explain or link me to what the process is for appealing council PCNs? Thank you! |
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Mon, 17 Sep 2018 - 11:25
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Mon, 17 Sep 2018 - 11:32
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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 |
Post the PCN and any pics you have - look on council site for their pics.
Use a site such as Imgur and post BBCode links. Car details such as colour and make don't matter but VRM is crucial. What do you mean by 'on site' - is this an estate? |
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Mon, 17 Sep 2018 - 11:37
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#3
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Member Group: Members Posts: 20,916 Joined: 22 Apr 2012 Member No.: 54,455 |
Please post up the PCN, all sides, with car details blanked out. Don't worry about councils looking at this forum, most haven't the time, and anyway what can they do with the information ?
However, from what you've said so far, the notice period is not an appeal afgument as you parked after they were erected; did you not look around when you parked-up ? Notice for routine works should be a week, although I don't think there is any legal minimum. For car details all they need is the registration number, the rest is optional. |
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Mon, 17 Sep 2018 - 13:54
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#4
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New Member Group: Members Posts: 5 Joined: 17 Sep 2018 Member No.: 99,924 |
Hi Both,
Thank you for your instruction. Please find below the pictures of the PCN and Signage. This is free on-street parking that has always been free. I didn't look because I've never needed to, usually, I'd notice these things through which leads me to believe they haven't been up very long at all. They got the make of my car wrong so I suspect this won't help my cause. Thank you! |
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Mon, 17 Sep 2018 - 14:12
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#5
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
repost without the black outs of sign.
The location is not a state secret. look on Hackney's site for their pics. |
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Mon, 17 Sep 2018 - 14:39
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#6
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New Member Group: Members Posts: 5 Joined: 17 Sep 2018 Member No.: 99,924 |
Hi Stamford,
Sure things, pictures below; The photos they have are not available on the site yet, however, I was by the officer when he took photos of the signage, the front and rear plate and before taking a photo of the ticket on the vehicle I removed the ticket. Could we continue on the basis they have these, however, I will update this 48 hours from now as the site advises this is when the photos might be available. Thank you! |
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Mon, 17 Sep 2018 - 15:04
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#7
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Off topic, but Harry Zeital was a Jewish socialist from a Russian family and a conscientious objector to fighting in WW1.
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Mon, 17 Sep 2018 - 16:49
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#8
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
OP---it is important that you get (and post up) photos of the temporary traffic order which they say is situated at the end of the road. You have a code 01 contravention not a suspended parking Code 21 so we need to check the TTRO.
Mick |
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Tue, 18 Sep 2018 - 13:40
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#9
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New Member Group: Members Posts: 5 Joined: 17 Sep 2018 Member No.: 99,924 |
Hi Mad Mick, thank you!
I'll have a look around the street tonight when I get home and see what I can retrieve. The restricted parking ends today, so hopefully, they haven't removed signage by the time I get back home! Thank you! |
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Thu, 20 Sep 2018 - 17:50
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#10
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New Member Group: Members Posts: 5 Joined: 17 Sep 2018 Member No.: 99,924 |
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Fri, 21 Sep 2018 - 06:37
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#11
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
OP---- I should probably advise you to settle at the discount because this one is liable to turn messy. However here are some thoughts:-
--The contravention is incorrect if the sign and the TTRO prohibit loading. It should be Code 2 "Parked or loading / unloading in a restricted street where waiting and loading / unloading restrictions are in force" --The sign does not correspond with the TTRO in terms of times 0800-1730 not 0800-1600 --Restrictions only apply during works, ergo had works started in that street? Wait for others to comment. Mick |
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Fri, 21 Sep 2018 - 07:47
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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 |
At least they’ve recognised that traffic signs within the affected road is not enough ‘see Public Notices at the end of the road for more details’...because the regs require:
DISPLAY OF NOTICE OF ORDER 1. A notice shall be displayed in a prominent position at each end of the length of road to which the order relates and at the points at which it will be necessary for vehicles or pedestrians to diverge from the road, stating the effect of the order and, where applicable, the alternative route or routes available for traffic. 2. Each such notice shall be displayed throughout the period during which the order is in force and the traffic authority shall take all reasonable steps to ensure that the notices remain in a legible condition and continue to be so displayed for so long as the order remains in force or are promptly replaced as often as occasion requires during that period. This should not be a guessing game. So OP, do the authority have photos of those signs in evidence? If not, then ask them for copies of those notices and where they were displayed. (we can do this as part of your challenge, don’t ask them separately). And the error on the PCN regarding your car is? And where’s the back of the PCN? This post has been edited by hcandersen: Fri, 21 Sep 2018 - 07:49 |
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Sat, 29 Sep 2018 - 12:23
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#13
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
--Restrictions only apply during works, ergo had works started in that street? +1, you must find out when the works started / finished, if the PCN was issued outside of these times then the alleged contravention did not occur. -------------------- 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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