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NO PCN affixed, received NTO, rejected representation
Hypaspist
post Thu, 28 Mar 2019 - 20:31
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Hello to everyone,

I would like to have your opinion on whether I should appeal to the independent adjudicator or not.

One day I received an NTO (attached) in mail out of the blue. It was about my failure to pay the PCN that was issued 1 month ago for parking in a marked bay area on a street in Bristol without paying and displaying a ticket. I indeed had parked there, after 21:00 but was under the impression that parking was free after 18:00. Regardless, my first surprise was the fact that there was no PCN affixed to my car at the time, which explains why I haven't attempted to pay it.

Now the NTO says that because I haven't paid in the first 14 days, the penalty is £50. Naturally, I appealed formally. In my appeal I stated that:
  1. The photo presented by the parking warden shows a blurry and distorted image of the front windscreen with a piece of paper under the right wiper. I assume this piece of paper to be the PCN, but regardless of this, nothing was attached on the windscreen as expected when I entered the vehicle.
  2. Anyone could have taken the piece of paper, it could have been blown away by the strong wind of that night or simply be a fake as the picture shown as evidence doesn't prove that it was a legit PCN
  3. The parking sign is not clearly visible. There is a parking sign that promts to check the ticket machine further than 10m away, deep within evergreen hedge that is private property.
  4. No other cars where parked next to mine or behind mine, all parking places where empty, includingthe side of the road with single yellow line behind my car. I could have parked there.


Explanation why I appealed to these points:
Point 1) The picture is so blurry that I dont even know if it is a legit PCN or not. If it wasn't, that would explain why the traffic warden didn't want to leave it and never actually did
Point 2) The picture shows this piece of paper left under my wiper. Not stuck on the windscreen as usual for Bristol but just left there. Either someone took it just for fun or actually it is their policy to never leave it in order for citizens to have to pay the increased penalty and therefore make more money.
Point 3) They follow up in the notice of rejection by saying that the signage of entering a CPZ was 5m away. No it is not. It is more like 10m away, 5 car widths, right next to hedges which have overgrown their space and therefore hiding it. There is a HUGE sign about new road layout in the middle of the pavement yet they opted to put the more important parking sign at the edge of the parking area, next to an evergreen hedge.
Point 4) I must be really stupid to park in a park and display zone illegally since I was the only car around and there are single yellow lines 10m away where I could have parked legally and free. This argues that their sign is not visible on a poorly lit street in the middle of the night!

I have received their rejection and a few points seem a bit over the line.
  1. They mention it is my responsibility to locate the signage. How? Take a pair of clippers and clip the hell out of someone's hedge? Following the NTO, I made a formal complain to the council to do something about the issue. They replied that it is a matter for the parking services. I replied that it is NOT, it is a matter of the quality and state of the road, to which they replied that " it is up to the landlord to maintain their vegetation. Notwithstanding, we have forwarded your service request to the neighbourhood enforcement team. They may contact you in due course." I never head back from that.
  2. Following my comments, they now allow me to pay the reduced rate, whereas previously they demanded the full rate. HOWEVER, if I dare apply to the adjudicator, my case will be examined with the full penalty! I consider this to be somewhat blackmailing.
  3. They mention that the "charging hours are displayed on road signs located on all entry points to the CPZ. The sign was approximately 5 m the rear of where the vehicle was parked" Firstly, there are no signs in the entry points to the CPZ. The only sign 5m away from where I parked says "Pay at machine", no hours. And what does the "rear of the vehicle" mean? There are no signs behind or infront of the parking area!



I am attaching all the pictures I can. I apologise for the lack of information but Im trying to be as discreet as possible.
I would like to know your opinion on pushing further with this and where should I focus my attention to. Do I have a case or do I count my loses and succumb to the reduced penalty?

Thank you in advance














This post has been edited by Hypaspist: Thu, 28 Mar 2019 - 20:34
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post Thu, 28 Mar 2019 - 20:31
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PASTMYBEST
post Fri, 24 May 2019 - 20:17
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Yes well done for sticking at it, IMO it was always going to be signage, the technical points are a nice prod in the right direction though and should never be missed


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