York PCN - Code 27 - parked in a special enforcement area adjacent to a dropped footway Options

[nayem]

Hi all

I'm wondering if anyone can help. I received what I believe to be a very unjust PCN for parking my black vehicle in an unmarked area that was at least 6ft away from a dropped curb from the pavement. I had no idea that doing so warranted a parking fine! You will note from the Google street view that there is bollarded walkway from the street into another road which my car was parked in front of - however I don't see how this would prevent an individual from walking across the footway as there is a pavement on either side of the vehicle.

Can anyone advise how I might go about appealing the ticket? Seems very unfair but I realise 'fairness' has little to do with law. :-/ Images and links below.

PCN images inc. evidence:








Google street view link:

https://goo.gl/maps/az3DdMqpETN2

This post has been edited by nayem: Tue, 6 Nov 2018 - 14:17

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[PASTMYBEST]

You could attempt to argue that it is not a DK but a traffic calming hump where to authority have at a later date decides should prevent through traffic. I fear the access to cycles part in the regs will defeat you.

The PCN is also faulty it fails to convey the information required by 3(2)(b)(ii) of the appeals regs

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—
(a)
that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b)
that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i)
those representations will be considered;
(ii)
but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.

[nayem]

Hi pastmybest - thanks for your input. I had not thought of cycle access although it is frustrating as the council should simply put a sign up saying no parking. In terms of the reg you cite, the PCN does say on the back of it that I am entitled to appeal against the ticket - does that not meet 3(2)(b)(ii)?

I think I might just have to swallow the reduced fine and put it down to a lesson learned Just maddening because I imagine they catch so many people out who innocently park their cars in the same spot not realising it's a traffic offence.

[stamfordman]

Dropped/raised crossings don't need signs or markings but as PMB says this obviously wasn't designed as one because it used to be a speed bump before they made that part of the road into a cul de sac play street.

So it's become one for cycles as an indirect result.

I don't know if the PCN wording is a winner in its own but you could made a challenge on two points.

[PASTMYBEST]

Hi pastmybest - thanks for your input. I had not thought of cycle access although it is frustrating as the council should simply put a sign up saying no parking. In terms of the reg you cite, the PCN does say on the back of it that I am entitled to appeal against the ticket - does that not meet 3(2)(b)(ii)?

I think I might just have to swallow the reduced fine and put it down to a lesson learned Just maddening because I imagine they catch so many people out who innocently park their cars in the same spot not realising it's a traffic offence.

It depends if you are up for a fight or not. You can pay £35 now or £70 or nothing in about 3 months. I always suggest you look at it this way. If you save the cost of a cup of coffee a week from now until you would have to pay if you lost at appeal then you would save not only the difference but most of the fine. And the council will have two further chances to mess up thus strengthening your hand.



The PCn tells you that the owner may then make representations. What it should tell the owner (that might not be the person who challenged the PCN) MUST pay or make representations even though the challenge was made before the NTO.

[cp8759]

I would fight this one all the way based on reg 3(2)(b), while there's no cast iron guarantees, this ground has won repeatedly at the tribunal.