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peterwot
Draft for comments from anybody!

Grounds for appeal:

a. Genuine mistake – first “offence” by visitor to Chiswick - having purchased a parking ticket but used wrong bay. My wife and I had taken our daughter and husband to a shop in Chiswick High Road to purchase a new baby car seat. The shop advised us to park in adjoining Cranbrook Road so they could walk round and fit it.

b Inadequate signage. We found an empty bay and the nearest sign (immediately opposite) directed us to purchase a ticket which we did. As we walked to the shop we saw another sign on the side where we had left the car also saying “pay at meter” So two signs on opposite sides of the road showed “pay at meter”. We did not notice a third sign facing outwards saying Residents Only. LA in SW11 (unlike Hounslow) have fixed an additional warning notice in red drawing attention to different rules on opposite sides of the road.

c. CEO did not take a photo of my car showing the nearest sign but instead relied on a photo of another car some distance away presumably as there were no visible Residents Only signs from my car! LA rejected my informal appeal. Clearly if I had parked underneath a residents only sign as implied by the photo then I would only have myself to blame. I was therefore denied a fair informal appeal as LA were presented with misleading photographic evidence. I therefore lost opportunity of paying discounted penalty if unsuccessful

d None of the LA photos were date or time stamped or showed location..

e Observation time was only three minutes.

f LA refused to answer statistical question in reasonable timeframe about number of similar “offences” to help decide whether or not to appeal.

g CEO should perhaps have used lower penalty code 19 as it was obvious that a mistake had been made in our choice of parking bay as we were displaying a current pay and display ticket. London Councils advice supports this but LA did not reply to my question on their policy. According to the Civil Enforcement Officers Handbook (2011) CODE 19 should be used when car is parked in a residents’ parking place displaying an invalid pay and display ticket. Code 12 was however used with higher penalty.

h For code 12 and 19, the suffixes showing whether the contravention was in a residents’ bay or a shared use bay are essential to show the type of bay where the contravention occurred. No suffix was shown on my PCN.

i. The allegation in the PCN is the standardised and rather complex wording of a "12" allegation. It consists of 36 words and encompasses the possibility of application to three different types of parking location and four different ways in which a contravention might occur. The LA did not give an adequate description of why the claim to penalty is being made to enable me to make an informed decision as to whether to pay the discount rate or dispute the PCN. See successful appeal at Case Reference: 2120562288.

Any views? Thank you.
hcandersen
OP, as you've started your own thread, you will need to make it self-contained by including the PCN, photos and correspondence to date in addition to a short summary e.g. on *** I parked in a resident's only bay, bought and displayed a P&D ticket and was served with a PCN, code 12. I challenged the PCN and received a rejection. I am the registered keeper but have yet to receive a NTO, if applicable.
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