Demi
Wed, 6 Feb 2019 - 20:55
Hi Everyone,
I'll need advice on dealing with this. My wife's parked on a bay with signage as in picture Infront of the GP practice for an appointment and returned with a ticket saying "01 Parked in a restricted street during prescribed hours"
And as also seen in PCN picture.
Now, she only parked there as she was 40 weeks pregnant and was experiencing pelvic floor pains and wouldn't have managed any distant walking.
Do we have any grounds for appeal both on the grounds that the said contravention did not occur as it was wrongly classed parked Inna restricted street and not loading bay, improper signage as there was no other signage on the road apart from the loading bay sign in picture and that she was in no condition to park further out?
Or if better ideas please advice.
We already missed the 14days half fee offer but haven't received an NtO yet.
Please advice
Thanks
stamfordman
Wed, 6 Feb 2019 - 21:00
Here:
https://www.google.com/maps/@51.5093456,0.2...6384!8i8192Looks like wrong contravention - CEO may have be doing a quiet favour.
Are those the council's pics?
PASTMYBEST
Wed, 6 Feb 2019 - 21:05
Get and post the council photos,
Demi
Wed, 6 Feb 2019 - 21:14
Thanks guys, no, those are photos we took ourselves. Is it advisable to request their own photos or just go with incorrect contravention?
Thanks for the Google link Stamfordman, just as explained- no other signage on the road to tie with contravention the PCN was based on. It was a loading bay
stamfordman
Wed, 6 Feb 2019 - 21:18
Look on council site for pics.
Demi
Wed, 6 Feb 2019 - 21:24
I've just looked, all you can do on Thurrock council web page is add the PCN reference and amount to shopping basket and pay for it. No more details around the PCN let alone pictures. So no pics on there
stamfordman
Wed, 6 Feb 2019 - 21:31
You can still challenge the PCN before the NTO - I see you can do that online. I would make a simple challenge saying that the contravention on the PCN is wrong and please would they check the CEO's pictures to confirm this and cancel the PCN. If they believe the PCN to be correctly served, please would they email their pictures to xxxxxx.
Demi
Wed, 6 Feb 2019 - 21:38
Thanks Stamfordman, I've read the challenge part written online but has a caveat "Details can only be accepted if submitted within 14 days of the date of your ticket. If you have received a 'notice to owner' form from the council, please follow the instructions provided on the notice for challenging your ticket"
So I'd have to challenge via post or email as stated on the back of the PCN posted I guess
Only because it's well over 14days
John U.K.
Wed, 6 Feb 2019 - 21:47
QUOTE
"Details can only be accepted if submitted within 14 days of the date of your ticket.
Can you take a screenshot of this statement? The Council have mis-stated the law.
Demi
Wed, 6 Feb 2019 - 21:52
Attached is the screenshot. Comes up on second page whilst filling details for challenging the pcn
hcandersen
Wed, 6 Feb 2019 - 22:20
Can we park this point.
The PCN is clear: an unsuccessful challenge within the 14-day period would lead to the discount being re-offered; you should challenge within the 28-day period...NB. the latter is silent on the issue of extending the discount.
The web site contents are not mandated by the regs and as the PCN is clear...get on with your challenge before 11Feb.
Demi
Wed, 6 Feb 2019 - 22:31
So could this simply be the challenge:
"The contravention on the PCN is wrong. Could you check the CEO's pictures to confirm this and cancel the PCN. If you believe the PCN to be correctly served, please would you email your pictures to xxxx"..as advised.
Is it worth also adding the below:
"Also do show pictures of proper signage to back up the alleged contravention if you believe the PCN to be correctly served."
PASTMYBEST
Wed, 6 Feb 2019 - 22:31
your challenge fails if you were parked on the dyl at either end of the layby, which is why I asked for council photos
Demi
Wed, 6 Feb 2019 - 22:57
@pastmybest , sorry but what is dyl?
And as per council pictures, I can only email asking for it, its nowhere online. So I might as well send the challenge above with a picture request as well?
Incandescent
Wed, 6 Feb 2019 - 23:07
QUOTE (Demi @ Wed, 6 Feb 2019 - 22:57)
@pastmybest , sorry but what is dyl?
And as per council pictures, I can only email asking for it, its nowhere online. So I might as well send the challenge above with a picture request as well?
DYL = Double Yellow Lines
(visible in your photo)
So give us a GSV link to the site then we can look, assuming GSV is up-to-date
GSV = Google Street View (even the adjudicators use it !!)
Demi
Wed, 6 Feb 2019 - 23:18
Here is the GSV as earlier given by Stamfordmam:
https://www.google.com/maps/@51.5093456,0.2...6384!8i8192The car was clearly parked in the white marked bay, no dyl contravention on both sides/ends
PASTMYBEST
Wed, 6 Feb 2019 - 23:24
QUOTE (Demi @ Wed, 6 Feb 2019 - 23:18)
Here is the GSV as earlier given by Stamfordmam:
https://www.google.com/maps/@51.5093456,0.2...6384!8i8192The car was clearly parked in the white marked bay, no dyl contravention on both sides/ends
QUOTE
The car was clearly parked in the white marked bay, no dyl contravention on both sides/ends
if this is accurate your challenge/representation/appeal will ultimately succeed
Demi
Wed, 6 Feb 2019 - 23:28
QUOTE (Demi @ Wed, 6 Feb 2019 - 22:31)
So could this simply be the challenge:
"The contravention on the PCN is wrong. Could you check the CEO's pictures to confirm this and cancel the PCN. If you believe the PCN to be correctly served, please would you email your pictures to xxxx"..as advised.
Is it worth also adding the below:
"Also do show pictures of proper signage to back up the alleged contravention if you believe the PCN to be correctly served."
So shall I go ahead and challenge as above as earlier asked?
cp8759
Wed, 6 Feb 2019 - 23:41
QUOTE (Demi @ Wed, 6 Feb 2019 - 23:28)
QUOTE (Demi @ Wed, 6 Feb 2019 - 22:31)
So could this simply be the challenge:
"The contravention on the PCN is wrong. Could you check the CEO's pictures to confirm this and cancel the PCN. If you believe the PCN to be correctly served, please would you email your pictures to xxxx"..as advised.
Is it worth also adding the below:
"Also do show pictures of proper signage to back up the alleged contravention if you believe the PCN to be correctly served."
So shall I go ahead and challenge as above as earlier asked?
Go for it, it's so clear cut that it's hard to go wrong here.
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