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Hatfield Galleria Penalty for Parking in residents parking zone, Penalty is issued even though a sign suggests it is private land
Rob36
post Sat, 9 Feb 2019 - 15:16
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Hi,

An elderly relative parked on what was a poorly maintained and unmarked space off the end of possibly private road (that did not even have proper marking as a parking bay). There were no markings on the road to suggest parking restrictions. (If you look on Google Earth there is actually single yellow line but it is no longer there so please refer to pictures I will post below). There was no sign to be seen and he was parking when it was dark. A daylight picture attached does show a small sign at the distance obstructed by vegetation growth.

More to it there is a big sign "PRIVATE GARDENS" one has to drive past to get to that place (see pictures) which to me would indicate that council enforcement would not apply and any enforcement would be through contract law for which to apply the sign should be such that the person cold not escape noticing as opposed had to search the place for it with a torch.

I also attach pictures of signs on entrance to this so called residents parking zone. I note that they are straight after one enters from a main road and mounted quite high. The terminating signs are even more of a joke - just letters black on white more like place name.

The PCN does not appear to re offer a discount if it is challenged and appears quite amateurish. On the website they state the following which appears to re-offer a discount though it is not clear whether to ensure discount is re-offered one has to write to that postal address only or email will also do :


"As of 17th January 2019, individuals will no longer be able to appeal a PCN over the phone. You should write promptly to the address shown below, as this will still provide the opportunity for you to pay at the reduced rate should your challenge be turned down.

Welwyn Hatfield Council
PO Box 1186
Uxbridge
UB8 9DZ

Alternatively, appeals can be entered via email to the following address;

parking@eastherts.gov.uk "


I attach below PCN and also map showing exactly where the car was parked (with red blob). In the post below I will add more pictures.

Attached Image


Attached Image


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post Sat, 9 Feb 2019 - 15:16
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Rob36
post Tue, 5 Mar 2019 - 00:58
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QUOTE (cp8759 @ Mon, 4 Mar 2019 - 08:28) *
Well the letter is pretty abysmal, it says that the reasons for his decision are set out below, but there are no reasons at all set out below that paragraph. Shows us your representations, the PCN (both sides in full), the CEO pictures and a link to the location on Google Street View.

To answer your question, the answer is in theory yes, in practice no, but if the formal Notice of Rejection does not show proper consideration for your representations that can win on its own.


Thanks a lot for a reply. Now that threads have been merged all the things you have requested are available up the thread apart from my representations that I provide below as a link to a pdf file.

https://smallpdf.com/shared#st=06f6796e-726...ord&rf=link




This post has been edited by Rob36: Tue, 5 Mar 2019 - 01:02
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hcandersen
post Tue, 5 Mar 2019 - 07:07
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A single adjudicator's decision is exactly that, a single adjudicator's decision.

You would have to show that the order which created this restriction was so manifestly unsound as to render it unsafe to allow it to be used as the basis for restrictions. Whether at some stage in the past, in the vast panoply of adj decisions an adj had made a decision on this basis in respect of different circumstances and regarding an order made under different enabling powers within the Act is not the stuff of successful appeals on the balance of probabilities and worth me recommending that you should you risk your relative's money at appeal on this point.

This post has been edited by hcandersen: Tue, 5 Mar 2019 - 07:30
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cp8759
post Tue, 5 Mar 2019 - 17:25
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I'm not going to delve into a detailed analysis, suffice to say I don't think your grounds of appeal are very strong. Your best hope is that they mess up the response.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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