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Parked in a Residents Parking Zone, Parked in a Residents Parking Zone no Permit
geordiemike
post Sat, 18 May 2019 - 11:18
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Morning! Great way to start the weekend

Stupidly parked in what i found out to be was a 24/7 residents parking bay





I arrived last night . pretty stupid, really assume that it was weekend parking allowed

Ths morning the signage is clear:


However I am pretty sure that this area actually isnt 7 days a week 24hours a day restricted parking to permit holders only

Also for what its worth, the road markings are a real dogs dinner. I can get more photos



Any thoughts?
Thanks

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post Sat, 18 May 2019 - 11:18
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stamfordman
post Sat, 18 May 2019 - 13:11
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QUOTE (geordiemike @ Sat, 18 May 2019 - 12:18) *
However I am pretty sure that this area actually isnt 7 days a week 24hours a day restricted parking to permit holders only



How so?

Let's see a google street view link.
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geordiemike
post Sat, 18 May 2019 - 14:09
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At the moment I am trying to find the TRO for colchester , St Johns Green - Colchester, Essex CO2 7HA, Residents Parking Zones (it is B2) - But with no luck

Here is the street view

https://www.google.com/maps/@51.8860264,0.9...6thumbfov%3D100
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nextdoor
post Sat, 18 May 2019 - 14:09
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Not all of St Johns Green is resident only:
https://goo.gl/maps/Mwkfio8nSjvw9jwD7

However you were parked round the corner here:
https://goo.gl/maps/DNwurW1SX3KW5Kzz7

which is resident only 24/7
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geordiemike
post Sat, 18 May 2019 - 14:19
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Yes hence the confusion
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cp8759
post Sun, 19 May 2019 - 15:13
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Well let's be honest the sign is clear and there is no cause for confusion, not in the legal sense anyway. The TRO should be on https://tro.trafficpenaltytribunal.gov.uk but at the moment it looks like you're banged-to-rights.

Have a look at SEPP's discretionary policy document here http://bit.ly/2CrMpLj and see if there's anything that might help.


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geordiemike
post Mon, 20 May 2019 - 11:43
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Thanks . What about the legality of the white box and road markings ? I cant find them in the TSRGD

Should there be Traffic Regulation Order that covers residents parking - including some sort of map?
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cp8759
post Mon, 20 May 2019 - 11:55
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QUOTE (geordiemike @ Mon, 20 May 2019 - 12:43) *
Thanks . What about the legality of the white box and road markings ? I cant find them in the TSRGD

The road marking is Diagram 1028.4 here http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made and the sign (I assume this is what you mean by the "white box") is provided for in Part 4 of Schedule 4 here http://www.legislation.gov.uk/uksi/2016/362/schedule/4/made where it says "Parking place".

QUOTE (geordiemike @ Mon, 20 May 2019 - 12:43) *
Should there be Traffic Regulation Order that covers residents parking - including some sort of map?

It can be a map or a description, for example they can say a bay exists on "such and such a road from such and such a point to such and such a point", as I said there should be a copy on https://tro.trafficpenaltytribunal.gov.uk

When you find it post a link and we'll check it for you.


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nextdoor
post Mon, 20 May 2019 - 12:05
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https://tro.trafficpenaltytribunal.gov.uk/a...0-%20Colchester

ID070: Schedule J2 (Page 76)
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geordiemike
post Mon, 20 May 2019 - 12:24
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Thanks guys

Wow nextdoor, how did you find that!

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geordiemike
post Mon, 20 May 2019 - 12:40
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I wasn't clear whether the box needed a yellow line kerbside, but it seems not

The road markings , while scrappy seem to be in order


Is it likely that any of the wording on the ticket is ambiguous or misleading?

This post has been edited by geordiemike: Mon, 20 May 2019 - 12:41
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cp8759
post Mon, 20 May 2019 - 15:08
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You haven't shown us the back of the PCN, if you upload it we can check.


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geordiemike
post Mon, 20 May 2019 - 16:34
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Thanks . My phone camera isnt very good , so its hard to read - so here is the transcript. - The photo is afterwards


Pay online - You can pay online by Debit or Credit Card by visitingwww.parkingpartnership.org. Please have vehicle details and penalty Charge Notice number ready. A receipt will be sent by email.

Pay by telephone — You can pay by telephone on 01206 282316during office hours, or by calling our automated payment line(24 hours / 7 days a week) on 01206 507275. A receipt number will be given.

If you believe that the penalty should not be paid and wish to challenge this Penalty Charge Notice:

Challenge online — Complete online form at www.parkingpartnership.org

Write to — Parking Partnership, Parking Services, Colchester Borough Council, PO Box 5575, Colchester, CO1 SLT.

Details of the Parking Partnership's policy and approach to challenges can be found at: wew.parkingpartnership.org or seen at Colchester Borough Council's offices — all cases will be considered on their individual circumstances. Please quote the Penalty Charge Notice number, the vehicle registration number and your name and address on all correspondence.

if you challenge this Penalty Charge Notice within the 14 day discount period, the discount amount will remain frozen until the enforcement authority responds. If the challenge is accepted the charge will be cancelled. If the challenge is not accepted the enforcement authority will generally extend the period within which the reduced penalty charge may be paid. Any charges that remain unpaid will be dealt with as follows. The Authority may request registered keeper details from the DVLA in the event of an unpaid Penalty Charge Notice.

If the Penalty Charge Notice is not paid or challenged:

If the Penalty Charge Notice is not paid before the end of the period of 28 days as specified on the front of this notice and has not been successfully challenged as above, the enforcement authority may serve a Notice to Owner on the person believed to be the owner of the vehicle at the time of the contravention requiring payment of the penalty charge. The person on whom a Notice to Owner is served will be entitled to make representations to the enforcement authority against the Penalty Charge Notice and may appeal to an adjudicator if those representations are rejected. If challenges against the Penalty Charge Notice are received at the specified address before the Notice to Owner is served they will be considered. However, once a Notice to Owner is served, any further representations must be made in the form and manner and at the time specified in the Notice to.Owner. If these representations are accepted the Notice to Owner will be cancelled. If these representations are rejected, a Notice of Rejection will be issued and then there is a right of appeal to the independent Traffic Penalty Tribunal (TPT). Full details of how to do this will be issued by the enforcement authority in both the Notice to Owner and Notice of Rejection or from the adjudicators’ website: www.trafficpenaltytribunal.gov.uk.

Further information about Civil Parking Enforcement incluuding Penalty Charge Notices, Notice to Owners and Notices of Rejections) is available online at: www.patrol-uk.info or www.parkingpartnership.org.




The photo is here



This post has been edited by geordiemike: Mon, 20 May 2019 - 16:35
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cp8759
post Mon, 20 May 2019 - 16:46
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There is an argument to be made that the wording doesn't comply with regulation 3(2)(b)(ii) of the appeal regulations here: http://www.legislation.gov.uk/uksi/2007/34...gulation/3/made

This is because they say that "further" representations must be made in the form and manner specified in the NtO, if you have nothing to add to your previous representations because you think you've already submitted overwhelming representations, you might not have anything "further" to add and you might not make representations against the Notice to Owner.

It's not a very strong argument and could go either way at the tribunal, but you have a chance the council might mess up along the way. If I didn't think you were looking for a technical ground to appeal I wouldn't even suggest this, but now you know what your options are. But to be honest, if the council do everything by the book, this strategy probably won't work (though it might).

You now need to decide whether to take them up on this technicality or just settle at the discount.


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geordiemike
post Mon, 20 May 2019 - 17:14
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Thanks for looking at this cp and others, diligent as considerate as always

Yep on this one looks like accept the fact I should have been more diligent and pay up sad.gif

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