Not parked correctly, Council fine |
Not parked correctly, Council fine |
Sat, 17 Feb 2018 - 20:00
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#1
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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 |
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Sat, 17 Feb 2018 - 20:00
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Sat, 17 Feb 2018 - 20:08
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#2
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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.
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Sat, 17 Feb 2018 - 20:11
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#3
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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?
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Sat, 17 Feb 2018 - 20:13
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#4
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Member Group: Members Posts: 1,905 Joined: 11 Jul 2010 Member No.: 38,904 |
Redact just your personal details.
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Sat, 17 Feb 2018 - 20:16
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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 |
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. |
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Sat, 17 Feb 2018 - 20:20
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#6
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Member Group: Members Posts: 302 Joined: 22 Jul 2008 From: kent Member No.: 21,290 |
Thanks, I will post up tomorrow
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Sun, 18 Feb 2018 - 14:59
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#7
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Member Group: Members Posts: 302 Joined: 22 Jul 2008 From: kent Member No.: 21,290 |
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Sun, 18 Feb 2018 - 15:02
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#8
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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 |
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Sun, 18 Feb 2018 - 15:07
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#9
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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, 18 Feb 2018 - 15:46
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#10
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Member Group: Members Posts: 302 Joined: 22 Jul 2008 From: kent Member No.: 21,290 |
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Sun, 18 Feb 2018 - 16:00
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#11
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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 |
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Sun, 18 Feb 2018 - 16:19
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#12
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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 |
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Sun, 18 Feb 2018 - 16:45
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#13
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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.
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Sun, 18 Feb 2018 - 17:02
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#14
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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.
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Sun, 18 Feb 2018 - 17:57
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#15
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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 |
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Sun, 18 Feb 2018 - 18:05
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#16
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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. |
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Sun, 18 Feb 2018 - 18:15
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#17
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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, 18 Feb 2018 - 22:26
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#18
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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. |
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Sun, 18 Feb 2018 - 22:59
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#19
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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.
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Sun, 18 Feb 2018 - 23:21
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#20
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Member Group: Members Posts: 302 Joined: 22 Jul 2008 From: kent Member No.: 21,290 |
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 |
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