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Full Version: Parked over an out of hours loading area and into a bus area
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Benjamin
as the title, i was parked in what i thought was a loading only zone, but out of the restricted hours as displayed on the sign so im lead to believe this is fine. I was however half a car into the bus zone also, which is just an extension of the loading zone marked by white lines.
When i parked up it was heavily raining hence why i didnt notice the bus area, and when i left the car i literally ran to where i was going as not to get wet!
Do i have any grounds of appeal in a sense that it was heavy rain, and that i thought it was a loading zone and didnt extend to a bus lane, probably more of a sympathy vote i think but worth an ask i thought smile.gif

Thanks for your help
Ben
SchoolRunMum
Most people who come here find they have grounds for appeal. But whilst most people we see on here win in the end, you are very unlikely to win against a Council with a sympathy vote.

You need to show us pictures, like on all the other threads here. There could be flaws in the lines and signs, the PCN and any other paperwork you get. CAn you show the loading area on GoogleStreetview for a start, if it's unchanged? Better to have daylight pics though.

And please post a reply here with a pic of that PCN asap, both sides, all small print & dates/times showing (just blank out your car reg and the PCN number).

How to post pictures.



HTH
Benjamin
thank you for messaging back.
Here is a copy of the parking ticket:



I took these photos, at the time i was more interested in making it look like i was fully in the loading bay,so i took 2 photos which are shown below:

My car is the one just in the bottom left of the photo, not the merc*




Hope this helps, ive got until next thursday to pay the ticket if ive got no chance.
Thanks
Benjamin
bump
Benjamin
bump
SchoolRunMum
Not liking the PCN wording on 3 counts, not sure what others will say but that PCN looks pretty misleading to me:


- the amount of the discounted penalty charge is not stated on the main body of the PCN (although it's on the detachable slip) 'a discount of £35' leaves the recipient to do the sums!

- the final sentence on the back is misleading surely 'unpaid penalty charges are ultimately recovered by bailiffs' - as if that can just 'happen' if you do not pay...WTF, reads like a threat?!

- and the penultimate sentence on the back is misleading too: 'failure to pay at this stage will result in the penalty charge increasing by 50%'. Misleading because it does not quantify as a figure, the amount that the charge will be and misleading because it's simply not true if you appeal. Leeds' own website says clearly that they WILL freeze the discounted penalty charge and extend it for a further 14 days if they refuse an appeal received in the first 14 day period:

http://www.leeds.gov.uk/Transport_and_stre..._penalties.aspx

So that's a start with some grounds for your informal appeal (which has to be with them by next WEDS by the way, not Thurs, because you have to count the day of the PCN as day one). If no-one adds anything else, draft a short appeal including what I have said here and also saying that you believe your car was parked legally, outside the hours of operation of a loading bay. Do not say it was raining, or that you were rushing, or anything about the possibility of the loading bay also being a 'bus zone' (let them say that if it's the case).

Finish by saying if they refuse your appeal they must supply the CEO's notes that were recorded, all photos upon which they intend to rely to show the alleged contravention and an email link to, or photocopy of, the relevant pages, maps and amendments of the Traffic Order which they believe has been contravened.

Post your draft appeal here to see if anyone can suggest anything else or any tweaks to the wording before you post it. Don't forget it's a Bank Holiday on Monday so don't hang about, but if you get that to them by Weds then you know that the penalty amount is at least frozen at the lower amount for now. But if it were me I wouldn;t be thinking about paying this one anyway, I would want to appeal it all the way with a PCN with rubbish wording like that.



P.S. by the way, once you have drafted your appeal (which is the priority) can you then asap show us a pic of the 'bus zone' you mention as it's not in your picture and not on GoogleStreetView (I looked). We need to look at this aspect ready for when the Council refuse your first appeal and mention this mysterious 'bus zone'.
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