PCN from city of Glasgow council |
PCN from city of Glasgow council |
Thu, 22 Feb 2018 - 16:00
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#1
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Member Group: Members Posts: 17 Joined: 22 Feb 2018 Member No.: 96,703 |
Hi guys,
Found your forum while looking for help with my PCN. So I've been parking in Glasgow in mcaslin street for about 8 months now, there are signs a parking meter was once there but only the bottom half is left now, also for all the time I have been parking there, there hasn't been a sign explaining parking charges, times etc. Sadly came back to my car today to a ticket. There is also now a sign, which looks brand spanking new, checked on Google and there wasn't a sign certainly when street view was last there. At least 10 other cars got a ticket also. I've attached a few photos of the sign, the parking ticket and what's left of the machine. Any help you can provide in appealing would be amazing. Just trying to upload photos. |
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Thu, 22 Feb 2018 - 16:00
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Thu, 22 Feb 2018 - 16:07
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#2
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Member Group: Members Posts: 1,905 Joined: 11 Jul 2010 Member No.: 38,904 |
Use Tinypic.com if you can't upload directly.
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Thu, 22 Feb 2018 - 16:28
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#3
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Member Group: Members Posts: 17 Joined: 22 Feb 2018 Member No.: 96,703 |
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Thu, 22 Feb 2018 - 16:28
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Looks like you have been caught as many others by not checking for signs.
Some mitigation in that there haven't been any for some time and this can lead to a legitimate expectation. But that sign looks pretty clear from here. Where were you in relation to the sign ?? And what state are the parking bays in...white lines ? Second issue is that the council have put up signs but not made the means to pay available. They will say pay by phone but that is irrelevant. They offer payment at machine. Not everyone will have a phone and will rely on the machine.... which isn't available. Certainly worth challenging on both points and see what comes back. Not sure I would risk discount beyond that but depends on their answer Definitely ask for council photos, not sure if Glasgow put them on line. |
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Thu, 22 Feb 2018 - 16:35
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#5
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Member Group: Members Posts: 17 Joined: 22 Feb 2018 Member No.: 96,703 |
Looks like you have been caught as many others by not checking for signs. Some mitigation in that there haven't been any for some time and this can lead to a legitimate expectation. But that sign looks pretty clear from here. Where were you in relation to the sign ?? And what state are the parking bays in...white lines ? Second issue is that the council have put up signs but not made the means to pay available. They will say pay by phone but that is irrelevant. They offer payment at machine. Not everyone will have a phone and will rely on the machine.... which isn't available. Certainly worth challenging on both points and see what comes back. Not sure I would risk discount beyond that but depends on their answer Definitely ask for council photos, not sure if Glasgow put them on line. I check for signs on the regular, I'm relatively confident that's been put up today, looks absolutely brand new. I was parked directly across from it. As for payment there is a very small sign which the council have photographed that states another machine is round the corner. I've checked this and it's about 150meters round the corner. Council photos are up, as I said they haven't taken photos of the new sign, only of the one directing me around the corner. White lines were pretty clear to be fair. |
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Thu, 22 Feb 2018 - 16:57
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#6
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Okay, lets see the council photos and a streetview link please.
If you were parked across from that sign, on other side of road in another parking bay, it has no relevance. So lets see what sign the council are relying on please? |
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Thu, 22 Feb 2018 - 17:39
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#7
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Member Group: Members Posts: 17 Joined: 22 Feb 2018 Member No.: 96,703 |
Okay, lets see the council photos and a streetview link please. If you were parked across from that sign, on other side of road in another parking bay, it has no relevance. So lets see what sign the council are relying on please? The rest of the photos the council have uploaded are mostly of the ticket of my car window to show the ticket, those two photos are the only that show the whole car in the bay or the sign they refer to. No other photos or any other signs. McAslin St https://goo.gl/maps/sFPNR5hb3gp I was on the firth space. On the side of the football pitches, the sign the council show in evidence is about 3 bays in front. The other sign they haven't photographed at all would have just behind me on the other side of the road. |
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Thu, 22 Feb 2018 - 19:27
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#8
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
I'd go with Dancing Dad's suggestions.
The OP probably needs the parking places order to determine whether in the absence of a ticket machine the default position must be to pay by phone. Also whether it is indeed a PBP bay. This case sums up the latter position:-- 2170277024 The Appellant, whom I have heard in person, and whose evidence I entirely accept, parked in the bay and was in the process of seeking out a working P&D machine at the time the PCN was issued. The Council states that she was required to pay by phone. However the Traffic Management Order produced by the Council shows Lyal Rd as a location requiring the display of “a valid ticket issued by a parking meter”. The bay was therefore a conventional P&D bay, whatever the sign might state. On parking a vehicle in a P&D bay the motorist is of necessity permitted a reasonable time to go to a working machine and obtain a ticket; and if the nearest machine is covered up in my judgement the motorist is entitled, indeed required, to have a good look round to find another one. I am satisfied that the PCN was issued whilst the Appellant was within the reasonable time required to validate the parking and that as a result it was, as it transpires, prematurely issued. The vehicle was not in contravention and the Appeal is therefore allowed. --------------------- Mick |
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Thu, 22 Feb 2018 - 21:33
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#9
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Member Group: Members Posts: 17 Joined: 22 Feb 2018 Member No.: 96,703 |
I'd go with Dancing Dad's suggestions. The OP probably needs the parking places order to determine whether in the absence of a ticket machine the default position must be to pay by phone. Also whether it is indeed a PBP bay. This case sums up the latter position:-- 2170277024 The Appellant, whom I have heard in person, and whose evidence I entirely accept, parked in the bay and was in the process of seeking out a working P&D machine at the time the PCN was issued. The Council states that she was required to pay by phone. However the Traffic Management Order produced by the Council shows Lyal Rd as a location requiring the display of “a valid ticket issued by a parking meter”. The bay was therefore a conventional P&D bay, whatever the sign might state. On parking a vehicle in a P&D bay the motorist is of necessity permitted a reasonable time to go to a working machine and obtain a ticket; and if the nearest machine is covered up in my judgement the motorist is entitled, indeed required, to have a good look round to find another one. I am satisfied that the PCN was issued whilst the Appellant was within the reasonable time required to validate the parking and that as a result it was, as it transpires, prematurely issued. The vehicle was not in contravention and the Appeal is therefore allowed. --------------------- Mick Thanks guys, I've put in my appeal and will be sure to update on my progress |
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Wed, 24 Apr 2019 - 10:52
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#10
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Member Group: Members Posts: 17 Joined: 22 Feb 2018 Member No.: 96,703 |
Posted on wrong post sorry.
This post has been edited by Dav_glasgow: Wed, 24 Apr 2019 - 10:53 |
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Lo-Fi Version | Time is now: Wednesday, 17th April 2024 - 10:40 |