PCN for parking in residents only zone. |
PCN for parking in residents only zone. |
Sun, 11 Mar 2018 - 20:56
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#1
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New Member Group: Members Posts: 5 Joined: 11 Mar 2018 Member No.: 96,971 |
I received a PCN from North Essex Parking Partnership while parked in Theydon Bois in Essex. On behalf of Colchester Borough Council, who appear to provide parking enforcement in the area.
(Photo of redacted PCN attached) I have parked on the street in questions on perhaps 4 or 5 occasions per year for the last 10 years. Over that time there have been no restrictions on this street. I parked there again on 09/03/18 and had no reason to believe I was doing anything wrong. It was not until today (11/03/18), 2 days later, that I spotted something under the rear end of the bonnet of my car and it appeared to be a PCN. I re-visited the place where I was parked and after a careful search I found the residents only parking signs, these are clearly brand new. The one nearest to my parking spot is at very low level on the opposite side of the road and would not have been visible to me behind other parked cars (photo attached), the next one was on my side of the road but over 100 metres from where I was parked. This combined with no road markings of any kind (no parking bays, no yellow lines) meant that I was completely unaware that I was no longer allowed to park there. A quick check of google street view confirmed that the restrictions are new. As a further point. It is only due to dumb luck that I found the notice on my car at all. It was clearly not securely affixed to my vehicle as it was found loose in the area below my windscreen wipers. (photo attached) I'm extremely surprised that I found it at all given that I have driven over 70 miles since it was issued. Do I have any cause for appeal? The PCN also states that the vehicle was first seen at 13:46 and a contravention was observed at 13:51. Should I have been given 10 mins? or am I mixing up my regulations and clutching at straws? Many thanks in advance. also attached is a photo of the street sign i found on the opposite side of the road behind parked cars. |
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Sun, 11 Mar 2018 - 20:56
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Sun, 11 Mar 2018 - 20:56
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#2
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Member Group: Members Posts: 1,905 Joined: 11 Jul 2010 Member No.: 38,904 |
Link to Google Street View of exact location?
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Sun, 11 Mar 2018 - 21:00
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#3
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
use a pic site such as Imgur of Flickr for more pics - we need to see the signs. Also check council site for pics.
I think Google Street View won't be up to date enough. |
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Sun, 11 Mar 2018 - 21:10
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#4
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New Member Group: Members Posts: 5 Joined: 11 Mar 2018 Member No.: 96,971 |
https://www.google.co.uk/maps/place/2+Wobur...#33;4d0.0975312
This is the sign that was on the opposite side of the road behind parked cars. sorry, trying to get the photo to post. https://flic.kr/p/256iaCP This post has been edited by 297CRM: Sun, 11 Mar 2018 - 21:11 |
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Sun, 11 Mar 2018 - 21:15
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#5
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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Sun, 11 Mar 2018 - 21:25
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#6
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New Member Group: Members Posts: 5 Joined: 11 Mar 2018 Member No.: 96,971 |
does it matter that the ticket was not securely affixed to the car?
There also appears to be a new sign about 3 streets back at the entrance to the estate. unfortunately I don't have a photo of this. It appears they have recently declared the whole estate to be permit only. |
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Sun, 11 Mar 2018 - 21:36
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#7
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
There also appears to be a new sign about 3 streets back at the entrance to the estate. unfortunately I don't have a photo of this. It appears they have recently declared the whole estate to be permit only. That's the main problem - these restricted parking zones need only one entry and no bay markings or other signage, and in this case they have put in a 'repeater' it seems although poorly positioned. |
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Sun, 11 Mar 2018 - 23:42
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#8
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New Member Group: Members Posts: 5 Joined: 11 Mar 2018 Member No.: 96,971 |
Unfortunately google street view is not up to date and doesn’t show any of the signs.
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Mon, 12 Mar 2018 - 08:45
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#9
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
This is the Order which is an unusual document:-
http://www1.parkingpartnership.org/north/u...ndment-no.8.pdf This means that Colchester Council via the North Essex Parking Partnership agreement with Essex County Council can formulate on street parking orders for a District Council (Epping Forest). Strange! Anyway, I would have expected warnings to be issued if this restriction is so new. Indeed the PCN was issued during the "objection period" which ended 10th March. Much depends on the signs at the entrance to this new zone because the one photographed does not meet the mounting height requirement and is easily obscured. Mick |
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Mon, 12 Mar 2018 - 13:16
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#10
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
It would a simple argument that the repeater sign attached to the street name plate fails the test of adequacy. But what about the entrance to the zone?
There is an argument that the information required to be given on the PCN by regulation 3(2)(b)(ii) of the appeals regs is not clear, that is more difficult to make and should be left for formal appeal. In essence that regulation means that the PCN must tell you that if a NTO is sent then it must be paid or representations made against it. The way it is worded could lead someone who has sent a challenge but not had a rely not to act we need to see the signs at the entrance to the zone -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 12 Mar 2018 - 16:45
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#11
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New Member Group: Members Posts: 5 Joined: 11 Mar 2018 Member No.: 96,971 |
I’ll swing by over the next couple of days and get a photo of the signs at the entrance.
There was another repeater sign on the same side of the road that I was parked on, it was over 100 metres away but was more prominent (same size, higher up). |
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