PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

PCN Code 12 issued on New Years Eve, Happy New Year from Haringey Council!
sainthalo
post Thu, 2 Jan 2014 - 19:31
Post #1


Member


Group: Members
Posts: 46
Joined: 2 Nov 2008
Member No.: 23,735



Need some advice on representations as unfortunately was given a kind New Years gift from Haringey Council.

Had not realised residents parking restrictions were operative on New Years Eve. Road was empty.

1) Have applied for residents parking permit (in mid-december)
2) Seems disproportionate to fine £130 for parking in a residents bay (120 minute period where not permitted)
3) I noted the sign is not compliant - doesn't include the word "Resident" as per http://www.direct.gov.uk/prod_consum_dg/gr...t/dg_191955.pdf

Please see PCN and pictures below. Pictures are edited, Haringey did not really wish me a Happy New Year!!









This post has been edited by sainthalo: Thu, 2 Jan 2014 - 19:39
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Thu, 2 Jan 2014 - 19:31
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Incandescent
post Thu, 2 Jan 2014 - 22:06
Post #2


Member


Group: Members
Posts: 14,167
Joined: 22 Apr 2012
Member No.: 54,455



I can't see this winning at PATAS, frankly. Sign seems clear enough to me, and would cover residents with permits, and any other holders of permits. What made you think New Years Eve was dies non ?
Go to the top of the page
 
+Quote Post
hcandersen
post Fri, 3 Jan 2014 - 11:33
Post #3


Member


Group: Members
Posts: 25,737
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



In which case it should have been code 16 - Parked in a permit space or zone without clearly displaying a valid permit.

As it stands, you don't know whether even if you had displayed a resident's permit this would have complied with the sign because this is restricted to holders of permits HS, these could health care permits for a hospital opposite for all we know.

The contraventions are there for a reason and they should use the correct one. But adjudicators blow hot and cold on this point.

If you applied for a res permit, do you live in this road and would it be valid for HS parking places?

The application form/guidance notes would have included reference to how long it would take for the permit to be issued and what to do in the meantime.

Did they and what do they state?
Go to the top of the page
 
+Quote Post
sainthalo
post Thu, 30 Jan 2014 - 16:30
Post #4


Member


Group: Members
Posts: 46
Joined: 2 Nov 2008
Member No.: 23,735



QUOTE (hcandersen @ Fri, 3 Jan 2014 - 11:33) *
In which case it should have been code 16 - Parked in a permit space or zone without clearly displaying a valid permit.

As it stands, you don't know whether even if you had displayed a resident's permit this would have complied with the sign because this is restricted to holders of permits HS, these could health care permits for a hospital opposite for all we know.

The contraventions are there for a reason and they should use the correct one. But adjudicators blow hot and cold on this point.

If you applied for a res permit, do you live in this road and would it be valid for HS parking places?

The application form/guidance notes would have included reference to how long it would take for the permit to be issued and what to do in the meantime.

Did they and what do they state?


Firstly, thanks for the above reply.

There is clearly an irregularity but I appreciate it may be difficult to overcome the fine.

The council do offer temporary resident permits by visiting their customer service centres which I could not afford the time to do.

The HS permits in the street sign do relate to the relevant Hornsey South (HS) Controlled Parking Zone.
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Sat, 1 Feb 2014 - 22:26
Post #5


Member


Group: Members
Posts: 18,730
Joined: 20 Sep 2009
Member No.: 32,130



QUOTE
There is clearly an irregularity but I appreciate it may be difficult to overcome the fine.


The wrong contravention means you can argue 'the contravention did not occur'. Shouldn't be too 'difficult' seeing as the sign is a permit bay (not the one described in the PCN). This is a perfectly valid appeal point.

This post has been edited by SchoolRunMum: Sat, 1 Feb 2014 - 22:26
Go to the top of the page
 
+Quote Post
sainthalo
post Thu, 24 Jul 2014 - 11:37
Post #6


Member


Group: Members
Posts: 46
Joined: 2 Nov 2008
Member No.: 23,735



The case was listed for a PATAS hearing and the council then finally backed down:

"We have identified a technical error and as a result we no longer wish to contest this.
Please accept our apologies for any inconvenience caused by this matter"


Thank you all. biggrin.gif
Go to the top of the page
 
+Quote Post
Chaseman
post Thu, 24 Jul 2014 - 11:50
Post #7


Member


Group: Members
Posts: 1,444
Joined: 16 Aug 2010
From: People's Republic of Lambeth
Member No.: 39,819



QUOTE (sainthalo @ Thu, 24 Jul 2014 - 12:37) *
The case was listed for a PATAS hearing and the council then finally backed down:

"We have identified a technical error and as a result we no longer wish to contest this.
Please accept our apologies for any inconvenience caused by this matter"


Thank you all. biggrin.gif


Another example of pusillanimous councils refusing to admit they were wrong or that the motorist had a valid appeal point. By blaming a "technical error" they can avoid creating any sort of precedent or - horror of horrors - admit they were wrong in the first place. Suggest you write straight back to demand the exact nature of the "technical error". But well done on the result!


--------------------
Chaseman
Go to the top of the page
 
+Quote Post

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: Friday, 24th January 2020 - 14:31
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.