Help - Search - Members - Calendar
Full Version: council off street car park no signs PCN
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
mumofgirls
Hi
Hoping someone can advise:
I received a PCN from a car park that I have used for 6 years for Contravention 86 parking beyond the bay markings.

Brewery Street Car park, Highworth
Swindon Borough Council

The PCN was at a time when parents/carers use it to collect children from the nearby two schools.
Often there is nowhere to park safely and as a last resort people park outside the parking bays as there is plenty of room, without blocking or hindering exits.
This has been done for years. It is a non paying, non ticketing car park.
Recently some disabled bays were put in place and parking signs/penalty notice placed infront of each of these bays but nowhere else.
The off road car park has no signs to say who the site is run by or consequences for parking outside the bay areas.

The only sign there is, is a Blue/white 'P' sign nothing else, except for the signage infront of the disabled parking.


Sorry, I can't work out how to upload photos or attach.


Thanks
DancingDad
Post pictures of PCN etc on external free sight such as Flikr then link back to here.

I have two car parks on streetview, I assume this one but please confirm
https://www.google.co.uk/maps/@51.6302185,-...3312!8i6656
Streetview well out of date so current pictures of all signs and an overview will be needed.
At them moment I am tending towards no signs, no contravention but we(you) need to check.
mumofgirls
Hi
Thank you for your help.
Yes that is the car park.

www.flickr.com/photos/165933014@N04/41799590790/in/dateposted-public/
https://www.flickr.com/photos/165933014@N04...eposted-public/
https://www.flickr.com/photos/165933014@N04...eposted-public/
https://www.flickr.com/photos/165933014@N04...eposted-public/

I have more pictures of the car park but that's the only signs.
Thanks


stamfordman






hcandersen
Their photos pl.

And the back of the PCN.
DancingDad
By the bus stop is a sign, maybe a bus timetable but please confirm.
mumofgirls
Hi

Sign by the bus stop is just an 'empty' sign post with also bus stop info. (I shall get a photo)

www.flickr.com/photos/165933014@N04/29741418488/in/dateposted-public/

their pictures:
www.flickr.com/photos/165933014@N04/29741365548/in/dateposted-public/


www.flickr.com/photos/165933014@N04/43564003972/in/dateposted-public/

thanks again
stamfordman




hcandersen
Is that the total of their photos?

I see a car behind a car and the same car with a PCN.

IMO, I see no meaningful context sufficient to establish the contravention.

So that you don’t make abortive or repeat visits what needs to be inside the car park is a noticeboard that sets out the Ts and Cs of use and which states the possble penalties for failure to comply.

But if there’s no such beast!
mumofgirls
Hi
yes they have shown just two photos on their website.

There is a car (white bumper) infront of mine and then mine a blue audi, may have had a ticket too as they were parked in the same position as me,
I know who the mum is and will let her know when I next see her.

There are no T & C in the car park.

what should my next move be? what kind of wording should I use in my challenge?

thanks

view on entering car park
www.flickr.com/photos/165933014@N04/42896132664/in/dateposted-public/


Bus stop signs:
www.flickr.com/photos/165933014@N04/42896141094/in/dateposted-public/
stamfordman
Just as well I'm here to tidy up pics



mumofgirls
thank you very much stamfordman

happy to learn how huh.gif
mumofgirls
hi
so can anyone confirm that there is no case to answer to?
I challenge and say because there are no T & C ?
thanks
cp8759
QUOTE (mumofgirls @ Thu, 26 Jul 2018 - 22:47) *
hi
so can anyone confirm that there is no case to answer to?
I challenge and say because there are no T & C ?
thanks

If there are no T&Cs saying you must park within the bays, how are you expected to know to park within the bays? I would definitely challenge this one.
DancingDad
QUOTE (cp8759 @ Sat, 28 Jul 2018 - 00:27) *
QUOTE (mumofgirls @ Thu, 26 Jul 2018 - 22:47) *
hi
so can anyone confirm that there is no case to answer to?
I challenge and say because there are no T & C ?
thanks

If there are no T&Cs saying you must park within the bays, how are you expected to know to park within the bays? I would definitely challenge this one.


Absolutely.
This is no different to if you found a street with parking bays on one side and no restrictions on other. Unless there is a sign saying Parking in Marked Bays Only as a minimum, there cannot be a contravention.
hcandersen
Unless there is a sign saying Parking in Marked Bays Only as a minimum, there cannot be a contravention.

+1.

And a clear statement as to the possble consequences e.g. court-martial, followed by immediate cessation of chocolate rations!
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2018 Invision Power Services, Inc.