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PCN in residential zone with no road markings
Con4487
post Tue, 20 Apr 2021 - 16:17
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I just wanted to get some advice as to whether there is ground to take this further. I parked in a resident permit holders only road (10:00-11:00) and received a ticket. I saw the signs for the permit but I did not park in a bay, i parked in a space which had zero road markings. It was next to a bay spot but did not have bay markings, a yellow line or white line, nothing! I have sent them two responses to this with photos and they have sent me now two back and said I cannot respond further and should wait to receive the NtO to be issued. I have about 7 days now to pay the half fee. I just do not understand their second response. There is no faded lines where I parked. There are faded lines in the other bay next to it but nothing where i parked its so frustrating. Is there any merit in challenging this further?

MY FIRST CHALLENGE:
There is no restriction to park where I parked. I am struggling to understand why I got a ticket in the first place. There are no bay markings where I parked, there is no yellow line where I parked, there is no zone sign to say restrictive parking for the place where my car was parked. I understand that there are other bays and restrictive parking signs on the street but not in the spot where I parked. There is even a bay marked parking spot next to my car but I didn't park in it for that reason and only parked next to it, where there are no markings or signs saying otherwise. As you can see from the photos I attached, there is not a single marking where I parked or sign for that spot.

FIRST LETTER OF RESPONSE FROM BARNET COUNCIL:
We have carefully considered the evidence you have supplied and decided not to cancel your PCN.
The Civil Enforcement Officer (CEO) observed your vehicle parked in a residents parking place without any form of valid permit/ voucher that allowed it to be parked there. I must advise you that vehicles are not permitted to stop within a residents parking space without a valid permit/voucher as this is deemed to be a contravention.
I have noted your comments regarding no signage being in place. I can confirm that there was a signage in place stating that the bay is restricted to resident permit holders only 10am-11am Monday to Friday. Please see photographic evidence of the signage at the above location at the end of this letter. I must advise you that the onus is on the driver of the vehicle to read and comply with all nearby signage prior to leaving the vehicle unattended to ensure that the vehicle is not parked in contravention.
Therefore the PCN will continue on its course of enforcement.

MY SECOND CHALLENGE:
I sent a response to this PCN last week and received a speedy reply back saying you will not be cancelling it. However I wish to further contend this. You attached photos from the traffic warden which show a residential parking sign. However this is for the bay next to where my car was parked. As per the Barnet Controlled Parking Zones FAQs, it states "A CPZ and its operational times are indicated by signage when entering a CPZ and on corresponding parking bays". So each bay should have a corresponding sign. All the bays that do exist on this road have a corresponding sign. This is not the case for where my car was parked, as seen by the photo attached. Furthermore, there IS NO bay or white line or yellow line where my car was parked, so the ticket has been issued illegally. Please see the second photo attached when I revisited the area today and took more photos with no car parked. My car was parked in the area with no lines, whilst the space next to mine with the bay lines was empty (the last attachment shows this). This is ridiculous that you think you can uphold this ticket when no mistake has been made by me.

SECOND LETTER OF RESPONSE FROM BARNET COUNCIL:
Whilst I have re-investigated the points that you have raised, as previously advised I cannot find any grounds for cancellation of the charge.
Lines clearly become worn and faded in varying degrees from time to time. However, they are still enforceable if they are substantially clear and compliant and not misleading to the motorist. Having considered the photographic evidence, I am satisfied that the bay markings are clear and enforceable.
The signs comply with The Traffic Signs Regulations and General Directions 2016 (TSRGD). When parking, a motorist is obliged on every occasion, to consult the signage to ensure they comply with the restrictions in place.
I can confirm that in our response dated 18/04/2021 you were advised that if you wish to challenge the PCN further you must wait for the Notice to Owner (NtO) to be issued. Please be advised, if you wish to make a formal representation, please wait for the NtO to be issued as no further correspondence will be considered at this stage.

IMAGE LINKS:
https://ibb.co/KzyGgSr
https://ibb.co/jrsGXSq
https://ibb.co/hx5g0Cd
https://ibb.co/23pPzpz
https://ibb.co/NWQRY7d

This post has been edited by Con4487: Tue, 20 Apr 2021 - 16:34
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post Tue, 20 Apr 2021 - 16:17
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Con4487
post Tue, 20 Jul 2021 - 10:42
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Thank you all for your help and input.

I went ahead and waiting to receive the NTO and then appealed my case with all the info and photos and won yay

They revoked my PCN

1 to the people, nil to the council
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