Residents Parking bay - PCN issued |
Residents Parking bay - PCN issued |
Wed, 23 May 2007 - 14:31
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#1
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New Member Group: Members Posts: 6 Joined: 3 Apr 2006 Member No.: 5,181 |
I have received a PCN for parking in a residents parking bay. The following day I wrote to the local council pointing out that:
"At no point along the entire length of this parking bay are there any signs indicating any parking restriction is in force. In the absence of any signs I fail to see how you can enforce any such restriction. You have issued the PCN based on the following contravention: “15 PARKED IN A RESIDENTS PARKING SPACE WITHOUT CLEARLY DISPLAYING A VALID PERMIT”. I wish to challenge this based on YOUR failure to clearly display any signs adjacent to the parking bay indicating that such restriction was in force." I have received a response from the council stating: "The Penalty Charge Notice was issued because your vehicle was parked in a residents parking space without clearly displaying a valid residents permit. I have noted the contents of your letter, however the area in which your vehicle was parked is restricted to resident permit holders only between 6.00pm and 08.00am and is clearly signposted accordingly. The Parking attendant has recorded that an information plate stating the restriction was approximately 5 metres to the rear of your vehicle. The responsibility lies with the driver to ensure that he/she is aware of the restriction that applies to the area in which they park and therefore, you would be expected to check the information and comply with the restriction." I have subsequently photographed and noted the signs and roadmarkings which show that: (i) there are no signposts adjacent to the bay in which I was parked indicating any restriction; (ii) the 'information plate stating the restriction approximately 5 metres to the rear of your (my) vehicle' was in fact 19 metres to the rear of my vehicle; (iii) the information plate in point (ii) above is adjacent to a separately marked parking bay; (iv) the parking bay in point (iii) above is separated from the bay in which I was parked by a stretch of double yellow lines (correctly terminated by end bars) So my argument is - "how can a signpost indicating a restriction beyond one end of a double yellow line be deemed to apply beyond the other end of the double yellow line"? I go back to my original point that the council has failed to clearly display any signs adjacent to the parking bay indicating that such restriction was in force (despite their claim that the area is restricted to resident permit holders only between 6.00pm and 08.00am and is clearly signposted accordingly) - and has therefore failed to meet its obligations. Is this worth fighting or am I on a loser here - I just can't see how their case can possibly stand up |
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Wed, 23 May 2007 - 14:31
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Wed, 23 May 2007 - 15:37
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#2
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Member Group: Members Posts: 6,783 Joined: 6 Jul 2006 Member No.: 6,518 |
each bay requires its own timeplate
from what you say you will win ask for costs - although lying is sadly not usually seen by adjudicators as wholly unreansobale |
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Wed, 23 May 2007 - 15:50
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#3
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New Member Group: Members Posts: 6 Joined: 3 Apr 2006 Member No.: 5,181 |
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Wed, 23 May 2007 - 15:52
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#4
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Member Group: Members Posts: 436 Joined: 12 Nov 2006 Member No.: 8,921 |
Can you please post a picture of the lines that mark out the bay. There is a good chance that they are wrong also.
Which Council is this? -------------------- More about box junction enforcement on my website: Money Box Junction
Support Neil Herron. Donate to the Motorists Legal Challenge Fund |
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Wed, 23 May 2007 - 16:31
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#5
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New Member Group: Members Posts: 6 Joined: 3 Apr 2006 Member No.: 5,181 |
Can you please post a picture of the lines that mark out the bay. There is a good chance that they are wrong also. Which Council is this? It's Poole Council. I'll check if the markings are clear on my pictures later but from memory the road markings themselves are in accordance with 1028.4, notwithstanding the fact that there are no accompanying signs as required by para 20.26 of the Traffic Signs Manual chapter 5. |
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Wed, 23 May 2007 - 16:53
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#6
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Member Group: Members Posts: 1,119 Joined: 21 Jun 2005 From: Poole, Dorset Member No.: 3,211 |
A parking restriction bay drawn correctly by Poole council?
-------------------- Andrew.
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Fri, 20 Jul 2007 - 00:52
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#7
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New Member Group: Members Posts: 6 Joined: 3 Apr 2006 Member No.: 5,181 |
Just a follow up - received a letter from Poole Council this week accepting that their signage was inadequate and that they therefore regard the matter as closed. Glad they think it's closed, but I don't - there is still the matter of my fair and reasonable costs to consider. Can't wait for their reply to my letter - wonder if I should offer a 50% reduction in my costs if they pay within 14 days
This post has been edited by ids: Fri, 20 Jul 2007 - 00:55 |
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Fri, 20 Jul 2007 - 21:15
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#8
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Member Group: Members Posts: 12 Joined: 15 May 2007 Member No.: 12,042 |
.........or double it if it isn't paid before the end of the period of 28 days begining with the date your letter was served!!
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