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Single yellow within car park, Council Issued PCN
LittleGem28
post Sat, 17 Nov 2018 - 16:30
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Hi all looking for advice. Today I parked in a council car park and all bays were full. I pulled up at the side of the kerb on a single yellow well away from causing any obstruction. When I returned I had a PCN. I fully understand I was not parked in a bay however my PCN is causing me concern due to the code it was issued under (01) and the length of observation time (4 minutes). The LA website doesn’t state the car park as being part of a controlled parking zone on their website and there was no sign to advise “prescribed” or “restricted” hours. The car park is open access 24/7 and currently free to park at weekends. I have emailed the council to dispute the PCN but I am wondering if anyone has had a similar experience and if they can advise on next steps if (or more like when glare.gif ) they reject my dispute. Thanks in advance!
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post Sat, 17 Nov 2018 - 16:30
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LittleGem28
post Sat, 17 Nov 2018 - 19:00
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I wouldn’t say near, I’d say I was exactly where that car was. There was a white van parked behind me...right in front of the sign sad.gif perhaps this warrants a furher visit to the car park/road (parking in a bay this time) to see what the sign says. I am not one to shirk my responsibilities so if the sign clearly states the restrictions I will give up my fight and pay...and be amused that by raising it with the council already that I get a further few days to pay at reduced rate laugh.gif
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cp8759
post Sat, 17 Nov 2018 - 19:09
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QUOTE (LittleGem28 @ Sat, 17 Nov 2018 - 19:00) *
I wouldn’t say near, I’d say I was exactly where that car was. There was a white van parked behind me...right in front of the sign sad.gif perhaps this warrants a furher visit to the car park/road (parking in a bay this time) to see what the sign says. I am not one to shirk my responsibilities so if the sign clearly states the restrictions I will give up my fight and pay...and be amused that by raising it with the council already that I get a further few days to pay at reduced rate laugh.gif

I wouldn't pay at this point, there's a technical flaw on the PCN and the council will likely re-offer the discount if they reject, so you might as well give it a go.

The PCN doesn't comply with regulation 3(2) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 here: http://www.legislation.gov.uk/uksi/2007/34...gulation/3/made


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Mad Mick V
post Sun, 18 Nov 2018 - 00:06
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QUOTE (cp8759 @ Sat, 17 Nov 2018 - 18:27) *
The Wigan Borough (Off Street Parking Places) (Mona Street West Side Car Park, Wigan) Order 1993 at https://tro.trafficpenaltytribunal.gov.uk/T...Wigan/WG410.pdf described parking places as "the two areas of land adjacent to the westerly side of Mona Street, Wigan" and there is presumably another order for the easterly side, though it might be too old to be online.

Mona street is listed in The Wigan Borough (Decriminalisation of Parking) (Wigan Roads) (Traffic Regulation Consolidation) Order 2004 at https://tro.trafficpenaltytribunal.gov.uk/T...Wigan/WG002.pdf under schedule 2, so on the face of it Mona Street is a highway.


This is the latest I can find which also mentions some of the old Mona Street Orders:-

https://tro.trafficpenaltytribunal.gov.uk/T...Wigan/WG227.pdf

I just wish they had attached a map of the parking place!

Mick

This post has been edited by Mad Mick V: Sun, 18 Nov 2018 - 00:08
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cp8759
post Sun, 18 Nov 2018 - 11:17
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Well that order just updates the previous orders from the Road Traffic Act 1991 to the TMA 2004, so no reason to include a map. At the end of the day the evidence we have is that Mona Street is a highway, so a technical challenge on the wording of the PCN is what we have left.


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LittleGem28
post Sun, 18 Nov 2018 - 15:25
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It’s quite confusing as it states the road is Mona Street and the spaces either side are the car park but I always believed as soon as you turned into the junction off Richmond it was the beginning of the car park. I’ll see what the council say when they come back, I’ve asked for pictures of my car and where the signs were in relation to my vehicle as I thought the restriction to the left was only as valid as the t line for the single yellow and same for the one on the right. As has been pointed out there does appear to be another sign which may well be the restrictions for the single yellow I parked on, I haven’t been able to go back and check yet as I don’t live in Wigan but will be there tomorrow. I will mention the wording on the PCN to them when they contact me but I shall not hold my breath that they will let me off on such a small technicality sad.gif

This post has been edited by LittleGem28: Sun, 18 Nov 2018 - 15:28
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cp8759
post Sun, 18 Nov 2018 - 15:59
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The council will never let you off, but the Traffic Penalty Tribunal has repeatedly ruled that a PCN is invalid if the wording of the PCN doesn't convey the meaning required by the regulations. Post the council's rejection when you get it.


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