farhad82
Mon, 24 Dec 2007 - 18:41
hello fellow members, I recently got caught out by one of those vultures known as parking attendants, and I'm wondering if I may or may not have a case regarding the parking fine.
Here's what the Birmingham Traffic Regulation Orders (TRO) states:
“If the TRO only runs from kerb to kerb and does not include the footpath, we would not be able to undertake any enforcement action, and if there are no yellow line restrictions at all, there is no action at all that we could take!”
Citation from the following address:
http://www.birmingham.gov.uk/GenerateContent?CONTENT_ITEM_ID=26181&CONTENT_ITEM_TYPE=0&MENU_ID=13786&EXPAND=12119
Here is a photo of my car parked exactly as it was when the ticket was issued.
Here is a photo of the cars on the other side of the bay door
The reason of issue for the ticket is is follows:
"01: Parked in a restricted street during prescribed hours"
I'm parked on the pavement, not the street, is this irrelevant?
Do I have a case? I feel that I don't.
The parking fine slip seems to have no errors to look out for such as misprinted vehicle colour or time etc.I would be grateful if someone could reply and give me some pointers, as I have a week left before the full charge is incurred.
Regards
Farhad
Alexis
Mon, 24 Dec 2007 - 20:41
How odd. Regulations tend to cover the adjacent pavement as well, but with that strange statement on the council website, I'd take it as a public announcement that parking is allowed in certain situations on the pavement. It's a very confusing statement - I'd print a copy in case they remove it from their website.
Scan in your PCN - legal loopholes usually refer to the use of the word 'you' and putting the payment instructions on the wrong part, not obvious details like the colour.
farhad82
Mon, 24 Dec 2007 - 21:09
Unfortunately I do not have access to a scanner at this moment, I will get a scan tomorrow, but for now here's the jist of it.
After the parts that describe the penalty charge notice number, date of issue, make of car, colour, date of contravention and signature, the following is written.
"Who had reasonable cause to believe that the following parking contravention had occured:"
"01 Parked in a restricted street during prescribed hours"
You are therefore required to pay a penalty of £60.00 before the end of the period of 28 days, beginning with the date of issue of this notice.
The charge will be reduced to £30.00 if payment is recieved before the end of the period of 14 days, beginning with the date of issue of this notice.
The final part of the slip is a pink payment slip
Penalty Charge Notice Number:........ *******
Date of Issue:.......................................... **/12/07
Date of contravention:.......................... **/12/07
vehicle registration number:............... *** ***
Again, I was parked on the pavement as the picture states, and the wording of the reason for contravention is regarding parking in a restricted road. Does this mean pavements too?
DW190
Mon, 24 Dec 2007 - 22:51
You need to see the TRO for the Road/Street in question to see if it says Kerb to Kerb or otherwise.
Also from the photos it appears you may not be on the footpath but on some type of forecourt. (Its not clear from the photos)
Chas820
Tue, 25 Dec 2007 - 11:31
QUOTE
Also from the photos it appears you may not be on the footpath but on some type of forecourt.
It looks that way to me as well,there is a faint line running along what looks to be the pavement edge.Also the the term "you"in the notice is non compliant,please try for a scan(got a mate with one?)as the exact wording can be critical.
farhad82
Tue, 25 Dec 2007 - 16:53
I have until 30th to email for an appeal, I suppose I'll appeal anyhow, but I have a feeling it's not going to turn out rosey.
I shall print the PCN slip tomorrow as no shops are open today for obvious reasons.
This should be fun...
Thanks for replies people and Merry Christmas to all
jdfi
Thu, 27 Dec 2007 - 13:29
QUOTE (Chas820 @ Tue, 25 Dec 2007 - 11:31)
QUOTE
Also from the photos it appears you may not be on the footpath but on some type of forecourt.
It looks that way to me as well,there is a faint line running along what looks to be the pavement edge.Also the the term "you"in the notice is non compliant,please try for a scan(got a mate with one?)as the exact wording can be critical.
It does look like that, but could still be considered highway.
Please scan front and back.
farhad82
Thu, 27 Dec 2007 - 16:51
Here is the front and back of the PCN
Front
Back
I basically have until 29th to email the city council, as posting will take forever at this time of the year, so any replies will be greatly appreciated.
Thank You.
Regards
Farhad
jdfi
Fri, 28 Dec 2007 - 12:43
Hopefully one of the experts will come along with better comments, but usually they advise a very brief, simple appeal (Dear Sir, the contravention did not occur, yours sincerely) however be prepared for the council to reject this, and for you to have to proceed to NPAS with full grounds of appeal.
I would suggest that your grounds for the adjudicator would be that the land you parked on was private land, demarked as such - anyone else care to correct?
Lets see if anyone can spot any errors with the ticket itself.
Chas820
Fri, 28 Dec 2007 - 17:53
You could ask the business you parked outside of if it is part of their premises.
Glacier2
Fri, 28 Dec 2007 - 19:16
PCN is invalid on 2 counts.
A. Payment slip is not part of PCN.
B. PCN has no address to send payment.
farhad82
Fri, 28 Dec 2007 - 23:36
Thanks for the replies.
I will be sending an e-mail appeal tomorrow. Care to help me regarding how to word it correctly? What should I include?
farhad82
Sat, 29 Dec 2007 - 14:09
I have looked on the website regarding appeals, and I am unsure of what to put as part of my appeal.
- The parking contravention did not occur?
What should I write as part of my appeal? And should I ask for their photographic evidence or prove my own?
I have until tomorrow to appeal so I'm hoping I can get some answers until then
Thank you
Farhad
nimh999
Sat, 29 Dec 2007 - 22:00
Using the word "you" in the PCN makes the PCN invalid as mentioned before. You should stick it all in although no doubt they will reject. I would have thought pavement parking would have been a different contravention to "01: Parked in a restricted street during prescribed hours".
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