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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Richie T
Hardly anyone in the street so plenty of parking yet i still got stung lol...

heres PCN pics...





Also im pretty sure the bay is non pescribed as theres lots of lines etc missing will try and drive back up there at some point and take a pic as didnt have camera with me, have been successful in the past with dorset county council.

If theres anything wrong with this PCN then that would be a bonus! cheers :-)
Rameares
Have you removed where the offence occured or is it not mentioned there is grounds for appeal alone. None prescribed bays would be a better case.

Also in your appeal request evidence that their is a legitimate traffice order matching the restrictions. Also I've read else wher that all markings must be maintained atleast every 15 years so if you can find evidence to suport this fact then also ask to see evidance of the last time the markings were maintained.
Richie T
All i removed was the number of the PCN and also my reg number, everything else remains as is. It says the location just below the 'time of contravention'. I got a funny feeling there may be a procedural proprietry as it may fail under gen regs 3... but im not overly sure so i though i would ask the experts.

I will informally appeal on the grounds of non perscribed markings first then if that fails put everything else in with the NtO representation
Richie T
Ooh i forgot about google street view - i was parked where the red car was, and just infront of that the already faded lines are even more faded so that theres no start/stop atall showing on the bay. CLick link below...

Google Link
Rameares
I'd wait for one of the more knowledgable members but if you go to the other end of that bay on google maps you can see that the markings at the end are double white lines this marking requires indervidual bays marked along the length. I have succesfully disputed a PCN on these grounds myself before, here is the text i used.

The roadmarkings delineating the bay do not conform with the Traffic Signs Regulations and General Directions (TSRGD) 2002. The double white line at the end of the bay is not a permitted variant of diagram 1028.4. These should only be used where single bays are marked out, as in diagram 1032. Attached is a photo of the bay as evidence of this point. Hence I trust the PCN will be cancelled.
Richie T
ahh brilliant! yes i didnt think to look at the other end thankyou for that one! :-)
Bagshot
QUOTE (Rameares @ Tue, 7 Jun 2011 - 14:54) *
Have you removed where the offence occured or is it not mentioned there is grounds for appeal alone. None prescribed bays would be a better case.

Also in your appeal request evidence that their is a legitimate traffice order matching the restrictions. Also I've read else wher that all markings must be maintained atleast every 15 years so if you can find evidence to suport this fact then also ask to see evidance of the last time the markings were maintained.


Don't want to spoil your hopes, but I can see:

Location: High Street, Fordington, Dorchester
matttheladd
Now unless I am looking at the wrong TRO I think you might just find that the bay in which the OP parked his car is not covered by the TRO. I cannot find any reference to it within this TRO - no order = no contravention! Now, there are several TROs fro Dorste on the TPT website but having looked through the only one I can find covering Dorchester is this one. I haven't as yet looked at the DCC website so don't go getting too excited!

http://tro.parking-adjudication.gov.uk/files/DS12.pdf
Bagshot
... which exposes another problem. Who is the enforcement authority? This should be clear from the PCN IMO. Is it Purbeck District Council, North Dorset District Council, or Dorset County Council? And how are you going to find out? Who do you ask for the traffic order so that you can check it?

Whoever the enforcement authority is, they would appear to have led you on a bit of a goose chase already.
Southener
Dorset CC is the enforcement authority. PCN says so.
Bagshot
Beg pardon. So it does. My bad.
Richie T
QUOTE (matttheladd @ Tue, 7 Jun 2011 - 17:30) *
Now unless I am looking at the wrong TRO I think you might just find that the bay in which the OP parked his car is not covered by the TRO. I cannot find any reference to it within this TRO - no order = no contravention! Now, there are several TROs fro Dorste on the TPT website but having looked through the only one I can find covering Dorchester is this one. I haven't as yet looked at the DCC website so don't go getting too excited!

http://tro.parking-adjudication.gov.uk/files/DS12.pdf




Their website is dorsetforyou.com but i cant see anything on there linking to a TRO unless i overlooked it but yes... nice one for pointing that out :-) im guessing procedural improprietry in that one shouyld i get NtO?

Just a quick thought though the TRO might only relate to the new parking restrictions they put into place a few years back, the bay in which i was parked in has ben there ever since i can remember so might be a different TRO maybe?
qafqa
If you want to add some more grief for the council they could have failed to sign the bay correctly.
Streetview shows a 661.1 limited waiting sign (page 56 of the TSM Chapter 3) at each end of the bay,
the Traffic Signs Manual recommends there should also be repeater signs.
According to paragraph 7.50 on page 69:
Signs should be provided at approximately 30 m intervals, i.e. half the distance recommended for
signs indicating a prohibition of waiting (see para 6.34).
As white bay markings denote a place where a driver might be able to park, information
about the permitted parking is required at more frequent intervals, particularly where the
bay marking does not have any legend to indicate the type of user.
The first sign should be no more than 15 m from the end of the bay. ... ... ... The whole run
of parking spaces should be treated as a single bay for the purposes of signing (i.e. signs
should be placed at approximately 30 m intervals).

Repeater signs are in this part of the TSRGD 2002
11. - (1) Paragraph (2) applies to the signs shown in diagrams 614, 632, 636, 636.1,
636.2, 637.1, 637.2, 637.3, 638, 638.1 when the arrow is omitted, 639 when the arrow
is omitted, 639.1B, 640 when the arrow is omitted, 642, 646, 650.1, 650.2, 650.3, 660,
660.3, 660.4, 660.5, 660.6, 661A, 661.1, 662, 670 (except when displayed on a
variable message sign in the manner mentioned in regulation 58(7)(b)), 672, 956, 957,
959, 959.1, 960, 960.1 and 961.

(2) Subject to paragraphs (3) and (4), signs to which this paragraph applies shall be
placed at regular intervals along a road which is subject to a restriction, requirement,
prohibition or speed limit which can be indicated by the signs.
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