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BobJames
Hi

I am looking for some advice. I don't have the photo from the council yet (will upload when I do) - they said 1 working day since the PCN was issued.

This is the location: https://www.google.co.uk/maps/@54.9907473,-...3312!8i6656

It's all on-street permitted parking and I have a permit. I've never actually noticed before but the side of the road in the above street view is split into 2 different areas with different times, but both are valid for permitted people to park on, and pretty much all the time people park across the double broken line. I received a code 24 PCN for 'not parking correctly within the markings of the bay or space'.

I don't have any pictures taken myself but the car was clearly straddling the line double broken white line in the picture (it was the only place to park anywhere near the house that isn't a 5 minute walk away).

Is there anything that can be done here or is it just a case of paying and telling the neighbours to remember not to park over the double line either... (It seems it used to be the end of the bay but then they extended it but have kept the lines in or something - you can see the sign of the other bay is far away, right down the road on the google street view).

Any help would be appreciated!


Click to view attachment
Click to view attachment
ford poplar
If you parked across double broken line, you are not parked within the bay confines. What others do makes no difference.
BobJames
QUOTE (ford poplar @ Thu, 15 Oct 2015 - 17:43) *
If you parked across double broken line, you are not parked within the bay confines. What others do makes no difference.


That was more just my own commentary rather than actually intending to be any kind of defence! Was just wondering if there's any kind of trying to be reasonable about both sides of the line being OK to park on, it's just the actual act of crossing it that's the code 24. But I suppose crossing the line means not correctly within the markings but just wanted to check...!
Enceladus
Look on the council website. Are there any photos showing the alleged contravention? If so please download and post them up here.
BobJames
QUOTE (Enceladus @ Thu, 15 Oct 2015 - 17:54) *
Look on the council website. Are there any photos showing the alleged contravention? If so please download and post them up here.


Thanks for your reply!

There's no photos yet. They said it would take 1 working day (ticket was given 11am today).
DancingDad
We really need so idea of what the bay looks like.
While waiting for council photos, any chance of a google streetview link ?
https://www.google.co.uk/maps/@54.9886574,-...3312!8i6656

Link to the exact spot please.

Quick look and given what you have said, IMO a classic "bang to rights" that should never have copped a PCN and having done so, it should be cancelled.
But don't hold your breath
BobJames
QUOTE (DancingDad @ Thu, 15 Oct 2015 - 18:54) *
We really need so idea of what the bay looks like.
While waiting for council photos, any chance of a google streetview link ?


There's a link in my original post. This is it: https://www.google.co.uk/maps/@54.9907473,-...3312!8i6656
DancingDad
Ah
Missed it, sorry.

Had you been limited to using one bay or the other. Or if bays were divided into individual spaces, a PCN would make sense.

As you and they weren't it makes no sense whatsoever except that they can.

Why does the PCN say Lily Crescent but the streetview link say Norham Place ?
BobJames
QUOTE (DancingDad @ Thu, 15 Oct 2015 - 19:03) *
Ah
Missed it, sorry.

Had you been limited to using one bay or the other. Or if bays were divided into individual spaces, a PCN would make sense.

As you and they weren't it makes no sense whatsoever except that they can.

Why does the PCN say Lily Crescent but the streetview link say Norham Place ?


That is what I am confused about. There wasn't any kind of danger or any kind of benefit I was gaining or anything, it's just the pure action of parking across that line. But as you say it doesn't make sense to issue the PCN. Seems like it's just a case of gaining some money...? Very cynical.

No idea. The road I live on is called Norham Place, that's what that little stretch of road is called. Between the Mistletoe Rd and St Georges Rd junction where Norham Place starts down to the junction with Lily Ave the road is called Norham Place. After Lily Ave the road is called Lily Crescent. This picture from google maps might make it clearer:

Click to view attachment

edit: Lily Crescent is actually a significant distance away (doesn't really show well on that). Probably about 65m according to google maps. Different road all together. Does that help the situation?
DancingDad
Dear Sirs
Ref PCN ????
I received a PCN for a contravention in Lily Crescent.
I was parked in Norham place when the PCN was served as I am sure the CEO photos will confirm.
Given that the location is incorrect, please cancel the PCN.
Hugs and Kisses

Simple fact is that unless you were parked in Lily Crescent, the alleged contravention could not have occurred.
BobJames
QUOTE (DancingDad @ Thu, 15 Oct 2015 - 19:30) *
Dear Sirs
Ref PCN ????
I received a PCN for a contravention in Lily Crescent.
I was parked in Norham place when the PCN was served as I am sure the CEO photos will confirm.
Given that the location is incorrect, please cancel the PCN.
Hugs and Kisses

Simple fact is that unless you were parked in Lily Crescent, the alleged contravention could not have occurred.


I just tried to log on to the online portal and it lets me log on now, but there's no pictures taken by the CEO on there.

Do I need any kind of evidence that I was parked on Norham Place rather than Lily Avenue to submit at any point?
John U.K.
+1

Do not lose the original PCN, or send it to the Council. Keep it very safe.
IIRC, cannot reissue a corrected PCN.
BobJames
In the first instance, should I just state that the car was parked on Norham Place and not Lily Crescent? Should I request the CEO's notes (not really sure what this is, but I've seen it mentioned elsewhere) and the pictures first? Do I need any proof that it was Norham Place or would this be fairly obvious from the photos that they would have taken, even if I haven't seen them yet?

Edit: Do I make any mention to having a permit and parking across the line etc. etc. at all, or is the fact the location is wrong on the PCN enough for it to be thrown out no matter what? Just don't want to word anything to stick my foot in it...

This is what it says on the Newcastle council website if it helps:

Click to view attachment

(last page of this PDF: http://www.newcastle.gov.uk/wwwfileroot/le..._procedure.pdf)
John U.K.
Write as DD suggests. The onus is on the Council to prove that you were at the location in the PCN at the time of the alleged contravention, not on you to prove that you were not.

But for peace of mind, you can wait until the photos appear online and check them out before sending.

-- re your edit.
If the location is plainly wrong, the PCN was not issued correctly.
hcandersen
OP, you were parked on Norham or you were not.

Nothing on earth is going to change this fact which ultimately, and I cannot imagine matters getting this far, an adjudicator would accept as fact from you in the absence of photos to the contrary which of course cannot exist because you weren't there.

Don't fall into the trap of over analysing what is a simple matter:

You were not at the location stated in the PCN = c**k-up by the CEO = no penalty owing.
DancingDad
If you want, add a further line to my suggested wording

"Should you decide not to cancel the PCN, I require copies of all photos and CEO notes that you believe prove that my vehicle was parked in Lily Crescent and that you will rely on in further enforcement"

Check for photos on line before sending the challenge, should they turn up, pick one that shows any distinctive features and use that to show you were in Norham
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