PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Not parked correctly, Council fine
17handicap
post Sat, 17 Feb 2018 - 20:00
Post #1


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290



This is my first Council parking question

Our car was given a Council penalty charge notice for not correctly parking within the markings of a bay or space

The car was parked next to a bay that couldn't be used by another vehicle as there were several large bins in the bay which are obviously kept there permanently. Our car didn't block access to the bins should that have been necessary. Also the car next to ours was parked almost on the line of the bay and it would have been difficult for our passengers to get out of our car so parking slightly over the bay line made it easier for them to get out of our car.

The fine is £50 reduced to £25 if paid within 14 days

Thanks for any advice




Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Sat, 17 Feb 2018 - 20:00
Post #


Advertise here!









Go to the top of the page
 
Quote Post
stamfordman
post Sat, 17 Feb 2018 - 20:08
Post #2


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



Post the PCN and council pics. And location in Google Street View. Use a site such as Imgur or Flickr to host pics.
Go to the top of the page
 
+Quote Post
17handicap
post Sat, 17 Feb 2018 - 20:11
Post #3


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290



Thanks for the quick reply, do I need to redact information?
Go to the top of the page
 
+Quote Post
makara
post Sat, 17 Feb 2018 - 20:13
Post #4


Member


Group: Members
Posts: 1,905
Joined: 11 Jul 2010
Member No.: 38,904



Redact just your personal details.
Go to the top of the page
 
+Quote Post
stamfordman
post Sat, 17 Feb 2018 - 20:16
Post #5


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



Only if you want to - no one here is worried about your car reg (we can see all the car plates we want outside the front door).

I only advise hiding name and address but you're not at that stage.
Go to the top of the page
 
+Quote Post
17handicap
post Sat, 17 Feb 2018 - 20:20
Post #6


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290



Thanks, I will post up tomorrow
Go to the top of the page
 
+Quote Post
17handicap
post Sun, 18 Feb 2018 - 14:59
Post #7


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290





This is our photo of the bay we parked over, there is no way another car could have used it

We only have the notice stuck on the windscreen which I can post up if necessary


Go to the top of the page
 
+Quote Post
Longtime Lurker
post Sun, 18 Feb 2018 - 15:02
Post #8


Member


Group: Members
Posts: 719
Joined: 19 Dec 2017
Member No.: 95,615



Yes, it's necessary, many cases are won on the council making mistakes in the fine print, and we can see the exact contravention and time periods involved - so post up both sides of the PCN.

A Google Streetview link so we can see the signs around the area would help us to help you.

This post has been edited by Longtime Lurker: Sun, 18 Feb 2018 - 15:04
Go to the top of the page
 
+Quote Post
stamfordman
post Sun, 18 Feb 2018 - 15:07
Post #9


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924







This post has been edited by stamfordman: Sun, 18 Feb 2018 - 16:15
Go to the top of the page
 
+Quote Post
17handicap
post Sun, 18 Feb 2018 - 15:46
Post #10


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290













This is the PCN both sides as attached to the windscreen, I will post up street view a soon as I manage to get it

Huge thanks to you for helping


Go to the top of the page
 
+Quote Post
17handicap
post Sun, 18 Feb 2018 - 16:00
Post #11


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290



https://www.instantstreetview.com/@51.31636...5.54h,-6.89p,1z

Google street view is here. if this is not what is required please let me know and I'll find it
Go to the top of the page
 
+Quote Post
stamfordman
post Sun, 18 Feb 2018 - 16:19
Post #12


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



I have resposted your pic and the PCN in post #9 so people can see them. This is Swale and there are no pics online.

I would certainly challenge this - technically you are over the line and the terms of the car park state it's a contravention but you can make a practical point about the bay being disused as full of trash bins (on the day at least).

They will probably reject but for the sake of £25 extra I would be inclined to take this to the adjudicator if necessary if council is petty.

This post has been edited by stamfordman: Sun, 18 Feb 2018 - 16:26
Go to the top of the page
 
+Quote Post
17handicap
post Sun, 18 Feb 2018 - 16:45
Post #13


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290



Thanks for reposting and your advice. I do intend to contest the charge as I don't see how it's a parking bay when it can't be parked upon. Also, the street map also shows the bins in the same location back in 2015.
Go to the top of the page
 
+Quote Post
stamfordman
post Sun, 18 Feb 2018 - 17:02
Post #14


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



Wait for others to comment and post a draft of your challenge (first appeal) here first. You can make the challenge online.
Go to the top of the page
 
+Quote Post
Mad Mick V
post Sun, 18 Feb 2018 - 17:57
Post #15


Member


Group: Closed
Posts: 9,710
Joined: 28 Mar 2007
Member No.: 11,355



Here's the Off Street Order:-

https://tro.trafficpenaltytribunal.gov.uk/T...onOrder2017.pdf

Whilst Art 5 indicates a vehicle should not be in a position other than specified, when we look at the schedules it states:-

"As indicated by white lines, or signs or other markings" nowt about being wholly within bay markings.

The other interesting part of this Order is Art 22(5) where we might have a will/may issue but I can't think of how to raise this as a PI at this stage.

Mick
Go to the top of the page
 
+Quote Post
hcandersen
post Sun, 18 Feb 2018 - 18:05
Post #16


Member


Group: Members
Posts: 35,059
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551




As indicated by white lines, or signs or other markings" nowt about being wholly within bay markings.


Can't see an adj buying this one, they'll look at the order as a whole and IMO the only purposive interpretation is that a vehicle must be parked within a parking bay as marked.

..but we need to see the noticeboard.
Go to the top of the page
 
+Quote Post
stamfordman
post Sun, 18 Feb 2018 - 18:15
Post #17


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



QUOTE (hcandersen @ Sun, 18 Feb 2018 - 18:05) *
..but we need to see the noticeboard.



As I said it does specify parking in bays 'where marked'.

Go to the top of the page
 
+Quote Post
hcandersen
post Sun, 18 Feb 2018 - 22:26
Post #18


Member


Group: Members
Posts: 35,059
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



Thanks.

OP, there's no issue or defence. Bins are often left in car park bays, but this doesn't override a motorist's responsibility to park within the bays when instructed to do so, as in this case.

You have no defence as regards the contravention if it can be established that you were not parked wholly within the bay. Sorry.
Go to the top of the page
 
+Quote Post
stamfordman
post Sun, 18 Feb 2018 - 22:59
Post #19


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



HCA being a bit gloomy - the contravention isn't massive and if those bins are always there then council not playing fair if they force you to adjudication.
Go to the top of the page
 
+Quote Post
17handicap
post Sun, 18 Feb 2018 - 23:21
Post #20


Member


Group: Members
Posts: 302
Joined: 22 Jul 2008
From: kent
Member No.: 21,290



QUOTE (stamfordman @ Sun, 18 Feb 2018 - 22:59) *
HCA being a bit gloomy - the contravention isn't massive and if those bins are always there then council not playing fair if they force you to adjudication.



The bins are in the same place in the street map which was dated August 2015 so it's not a bay that appears a motorist could ever use and therefore was not depriving a motorist of a parking spot or the council of revenue and I maintain that it's therefore simply a money making venture.

Thanks to all who are giving welcome advice
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
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: Thursday, 28th March 2024 - 15:47
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