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contravention 12r
Dandd
post Sat, 1 Aug 2020 - 22:04
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Yet another parking ticket based on Contravention 12r - Parked in a residential or shared use parking place or zone without a valid permit or clearly displaying a valid physical permit.

Ealing Council seem to be on a mission to grab as much money as they can before a second lock down.

There was no marking on the road (it seems the surface has been re-done recently and marking still not applied). Can they actually issue PCN without residential bay marking and what would be my best strategy to appeal? Any comments and advice very welcomed.

Pls see the photograph.





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post Sat, 1 Aug 2020 - 22:04
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Incandescent
post Sat, 1 Aug 2020 - 22:33
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What about signs, are there none either ?
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stamfordman
post Sat, 1 Aug 2020 - 22:53
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We can't work this out without the PCN, council pics and location.

Put pics on https://imgbb.com or such like as space on forum is limited.
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Dandd
post Tue, 4 Aug 2020 - 18:10
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Sure, I'll upload the PCN and council pics shortly.
It's Ealing council btw.
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Dandd
post Fri, 7 Aug 2020 - 21:09
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Here are links to council's pictures:

https://ibb.co/D9p806f
https://ibb.co/CsqJQDS
https://ibb.co/GsztT4y
https://ibb.co/mykVttq
https://ibb.co/tZg047K
https://ibb.co/mSqFR6T
https://ibb.co/mhkMgvC

Here is a link to the PCN:

https://ibb.co/cYx9rvs

Here are links to pictures taken by me:

https://ibb.co/6gxRbC0
https://ibb.co/fQvTqSf
https://ibb.co/znkqf4K

This post has been edited by Dandd: Fri, 7 Aug 2020 - 21:31
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hcandersen
post Fri, 7 Aug 2020 - 21:41
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They cannot enforce without road markings - we can forget about this being a Res or Permit Holder only zone (and therefore not requiring or permitting markings) because if it was then the sign is superfluous, incorrect and of no evidential value.

But if there's collective stupidity in parking services then prepare for any challenge to be rejected.

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stamfordman
post Fri, 7 Aug 2020 - 21:48
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Works have obviously obliterated the bay markings. They were there last year.

Contravention time also 2 mins or less from end of restricted time.

https://www.google.com/maps/@51.4994792,-0....6384!8i8192




This post has been edited by stamfordman: Fri, 7 Aug 2020 - 21:51
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Dandd
post Mon, 10 Aug 2020 - 15:31
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Thank to both contributors to my case.


Is ''2 mins or less from end of restricted time'' actually a legit reason for appeal?
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stamfordman
post Mon, 10 Aug 2020 - 15:40
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London Councils guidance is not to issue in less then 2 mins before a restriction ends but don't bother with this - the lack of road markings is the strong ground.
Draft a challenge and post here first.
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Dandd
post Mon, 10 Aug 2020 - 15:47
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Thank you stamfordman. Would post the draft later on.
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Dandd
post Mon, 10 Aug 2020 - 16:11
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Here is my draft for appeal:


Dear Sir/Madam,

Re: PCN xxxxxxxxx

I believe that the quoted contravention did not occur as I parked the vehicle on Cranmer Avenue (W13) when there were no markings on the road, indicating any form of residents’ or shared parking space or zone requiring a permit. Also, there was no sign in close proximity (at least 3 car lengths) in either direction, indicating restrictions.

Hopefully my appeal will be taken under serious consideration and the PCN cancelled.

Sincerely yours

Kiss kiss kiss
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Dandd
post Mon, 10 Aug 2020 - 17:52
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Any thoughts on the draft?
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PASTMYBEST
post Mon, 10 Aug 2020 - 17:53
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Same as your other thread permit bays are different to resident or shared use and code 12 is wrong it should be 16Parked in a permit space or zone without displaying a valid permit


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stamfordman
post Mon, 10 Aug 2020 - 17:57
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I wouldn't make any reference to signs or the code. That part of the road is unmarked and unsigned. I would refer the council to its own pictures and enclose the one you took that I noted.
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Dandd
post Yesterday, 15:17
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Thank you 'PASTMYBEST' and 'stanfordman'. I actually went back to the road and found out that there are ''permit holders only'' restriction signs but they are very far apart (more than 60-70 metres between on the side where my car was parked).

In this case shall I challenge the PCN on the ground that there were no parking bay markings on the road only?

Like:

Dear Sir/Madam,

Re: PCN xxxxxxxxx

I believe that the quoted contravention did not occur as I parked the vehicle on Cranmer Avenue (W13) when there were no markings on the road, indicating any form of residents’ or shared parking space or zone requiring a permit.

Hopefully my appeal will be taken under serious consideration and the PCN cancelled.

Sincerely yours
xxxxxxxxxxxxx




How does it sound?
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stamfordman
post Yesterday, 17:07
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Change when to where - where there were no...

Add "I enclose a picture I took at the time showing clearly that there were no markings."

and enclose the pic I've picked out in post #7.

None of their pics show this clearly which is probably deliberate.

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Dandd
post Yesterday, 18:35
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Thank you stamfordman.

Here is the final draft:

Dear Sir/Madam,

Re: PCN xxxxxxxxx

I believe that the quoted contravention did not occur as I parked the vehicle on Cranmer Avenue (W13) where there were no markings on the road, indicating any form of residents’ or shared parking space or zone requiring a permit.
I enclose a picture I took at the time showing clearly that there were no markings.
Hopefully my appeal will be taken under serious consideration and the PCN cancelled.

Sincerely yours
xxxxxx


If no objections within the next 48 hours, I will be sending this as my informal challenge.
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stamfordman
post Yesterday, 18:37
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Remove the comma after road.


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