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PCN CODE 01 - 2 motorbike ticket Help
Fauxkingphil
post Thu, 3 Jul 2014 - 04:39
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Hi All,

So a quick stop in town on my little Honda resulted in a PCN 01 ticket even thou I had parked the bike on what I though was private property (clearly off the road).

I came back to find the enforcement officer only just walking away ohmy.gif , with the biggest smuggest grin, I have ever seen. I asked him about it and he was what one can only describe as a complete jobs worth.

Usually I would just accept I was in the wrong and pay, but this time after the dealing with the ticket issuer I am determined to appeal...

I would appreciate any help.

I will upload a pic of the ticket and also a photo of where I parked....

sad.gif

Hopefully this works?





This post has been edited by Fauxkingphil: Thu, 3 Jul 2014 - 04:46
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post Thu, 3 Jul 2014 - 04:39
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Fauxkingphil
post Thu, 3 Jul 2014 - 04:49
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This post has been edited by Fauxkingphil: Thu, 3 Jul 2014 - 04:51
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hcandersen
post Thu, 3 Jul 2014 - 07:10
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On the face of it, you're bang to rights.
There is a waiting restriction conveyed by the DYL and you were parked within its scope, which extends from the centreline of the carriageway to the building line. Sometimes DYLs in rural/tourist locations can be seasonal, but you've not suggested this applies, so we'll assume it doesn't.
Although the area where you were is set back, the material used for its surface is the same across the whole of its area which suggests it's maintained by the council. In addition, there are no signs or studs in the surface to suggest that this is not part of the highway.
The PCN looks OK.
You should certainly challenge, provided this is within the 14-day period, because this would be risk-free. But at present I suggest you apologise for parking there, say this was a one-off and request them to exercise their discretion on this occasion. My only concern with this approach is that you said you spoke to the CEO and if you were belligerent and it was recorded in their notes this could weigh against you.
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Fauxkingphil
post Thu, 3 Jul 2014 - 09:47
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QUOTE (hcandersen @ Thu, 3 Jul 2014 - 08:10) *
On the face of it, you're bang to rights.
There is a waiting restriction conveyed by the DYL and you were parked within its scope, which extends from the centreline of the carriageway to the building line. Sometimes DYLs in rural/tourist locations can be seasonal, but you've not suggested this applies, so we'll assume it doesn't.
Although the area where you were is set back, the material used for its surface is the same across the whole of its area which suggests it's maintained by the council. In addition, there are no signs or studs in the surface to suggest that this is not part of the highway.
The PCN looks OK.
You should certainly challenge, provided this is within the 14-day period, because this would be risk-free. But at present I suggest you apologise for parking there, say this was a one-off and request them to exercise their discretion on this occasion. My only concern with this approach is that you said you spoke to the CEO and if you were belligerent and it was recorded in their notes this could weigh against you.


Thanks hcandersen,

TBH it was a polite and brief conversation with the CEO, 'it was the ticket has been issued and there is nothing I can do mate' reply (he was probably right), but it was his grin which upset me. But at no point did I give him any verbal.

Thanks for your advice, if you think it is worth a try, I will apologize. Are you suggesting to make this apology the reason for challenging ? Or do I contact them direct and apologize??. I have never had a ticket before so am rather green.

I read somewhere that almost all of the initial challenges are declined? So if I am apologizing as matter of challenge would it just not get automatically declined?

Thanks again and any others views most welcome...

rolleyes.gif
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qafqa
post Thu, 3 Jul 2014 - 10:44
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Is the location, SURREY Y. 100% correct. Surrey Yard is on a wall plaque around the corner
from the Honda but StreetView shows the road name adjacent to the motorcycle is Surrey Street.
The location stated on the Traffic Regulation Order for the double yellow lines is the one
that matters.
Link to Surrey Street

This post has been edited by qafqa: Thu, 3 Jul 2014 - 18:52
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Fauxkingphil
post Thu, 3 Jul 2014 - 15:52
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hmmm intersting point. Just checked Google maps, it does not show a Surrey Yard only Surrey St as you correctly identified qafqa.

The Street plaque must be cortect thou? So I guess Surrey Yard is correct?? wacko.gif

Whats your opinion? Should I try an aplology, has that ever worked for anyone? angel7.gif
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orford
post Thu, 3 Jul 2014 - 16:18
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QUOTE (Fauxkingphil @ Thu, 3 Jul 2014 - 16:52) *
hmmm intersting point. Just checked Google maps, it does not show a Surrey Yard only Surrey St as you correctly identified qafqa.

The Street plaque must be cortect thou? So I guess Surrey Yard is correct?? wacko.gif


The TRO mentions both Surrey St and Surrey Yard as separate roads:
http://tro.parking-adjudication.gov.uk/files/KZ62.pdf
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qafqa
post Thu, 3 Jul 2014 - 18:50
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QUOTE
The TRO mentions both Surrey St and Surrey Yard as separate roads:

Thanks orford, here it is:

QUOTE
Just checked Google maps, it does not show a Surrey Yard only Surrey St

Google Maps is only a rough guide, the council will have detailed maps showing
what the name of the side road next to the Honda is.
It is most likely Surrey Yard and a challenge based on the PCN stating the wrong road
without supporting evidence from council maps and documents would be a mistake.


This post has been edited by qafqa: Thu, 3 Jul 2014 - 20:21
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Fauxkingphil
post Thu, 3 Jul 2014 - 23:52
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Thanks Chaps,

I appreciate the effort, you are most certainly very passionate about the subject.

Agree challenge based on PCN displaying wrong location would not work. Nice thinking thou.. icon_eyes.gif

Well worded apology it is then? What do you reckon my odds are ?
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hcandersen
post Fri, 4 Jul 2014 - 06:13
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Why not submit your challenge and find out for real?
It's risk-free if submitted within the initial discount period.
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Fauxkingphil
post Mon, 7 Jul 2014 - 17:01
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Here was the reply: sad5.gif

Thank you for your recent correspondence regarding the above Penalty Charge Notice (PCN). After consideration of the circumstances I regret I have found no grounds for the cancellation of the penalty charge.
The PCN was correctly issued as your vehicle was 01 Parked in a restricted street during prescribed hours. You are unable to park your motorcycle on double yellow lines at all times as per the Highway Code irrespective of your reason for doing so. It should be noted that most waiting and loading restrictions cover the relevant half of the highway centre line to boundary and this includes all footways and verges. PCN's will be issued for contravention of restrictions even if the vehicle is parked wholly behind the yellow line(s). As you have written in your challenge there is plenty of free motorcycle parking within the Kings Lynn town centre. It is the responsibility of the driver to check the highway regulations at the time of parking. I regret that your reasons are therefore not accepted as grounds for cancellation of the PCN.

Looks like I have little choice except to cough up the dough?

I guess it will make me think a little harder about where I park in the future.

Thanks to all for your time and assistance.
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