PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Residents Parking bay - PCN issued
ids
post Wed, 23 May 2007 - 14:31
Post #1


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
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 7)
Advertisement
post Wed, 23 May 2007 - 14:31
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Teufel
post Wed, 23 May 2007 - 15:37
Post #2


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
Go to the top of the page
 
+Quote Post
ids
post Wed, 23 May 2007 - 15:50
Post #3


New Member


Group: Members
Posts: 6
Joined: 3 Apr 2006
Member No.: 5,181



QUOTE (Teufel @ Wed, 23 May 2007 - 16:37) *
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

Thanks for the advice - can you point me at any piece of legislation which makes this clear?
Go to the top of the page
 
+Quote Post
Box Clever
post Wed, 23 May 2007 - 15:52
Post #4


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
Go to the top of the page
 
+Quote Post
ids
post Wed, 23 May 2007 - 16:31
Post #5


New Member


Group: Members
Posts: 6
Joined: 3 Apr 2006
Member No.: 5,181



QUOTE (Box Clever @ Wed, 23 May 2007 - 16:52) *
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.
Go to the top of the page
 
+Quote Post
Ziltro
post Wed, 23 May 2007 - 16:53
Post #6


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? laugh.gif


--------------------
Andrew.
Go to the top of the page
 
+Quote Post
ids
post Fri, 20 Jul 2007 - 00:52
Post #7


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 smile.gif

This post has been edited by ids: Fri, 20 Jul 2007 - 00:55
Go to the top of the page
 
+Quote Post
Axiom
post Fri, 20 Jul 2007 - 21:15
Post #8


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!!
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 09:47
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here