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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
colicabcadam
In a nut shell, I visited my mate on a Sunday, from memory I knew there were no restrictions on a Sunday, I returned back to find a ticket, it seems that because of the Olympics permits were required.

Here is the original PCN.....





Here are the pictures I took at the scene, notice the sign, it's upside down, this cannot be legal ?.....







Here was my response.....

To whom it may concern:
I am writing to dispute of the nature of the parking ticket (PCN xxxxx, dated 09/09/2012 at 13:04) that I feel has been both wrongly and unfairly cited. The ticket states that the car has been penalised for the following reason:
Contravention code: 164 –Parked in a permit space or zone without clearly displaying a valid permit.
However, the attached photographs clearly show that there is NO permit required for parking on the date the ticket was obtained (Sunday). I have taken professional advice from a solicitor and if you do not cancel the ticket, I will take you to court and charge all fees and expenses incurred back to yourself.
Regards



Here is their response, notice they have taken a picture of a picture in regards to the sign ? you can also see the upside down sign slightly in two of the pictures.....









What shall I do now ? Surely they are acting illegally ? Can i take them to court, can anyone represent me if they feel i am in favor to win ?
EDW
why is the sign upside-down?
qafqa
To relate the time of your iPhone 4S photo of the upside down corrugated
plastic sign to the time on the PCN, your photo was taken on 09/09/2012 at 14:38.

The sign photo submitted by Newham does look like it is a copy of a photo on a screen,
at some stage you will want unaltered digital copies of the their photos, not photos
printed onto paper.

Amongst other things such as a clearer view of the upside down sign in the
background in two of the photos taken by the CEO you can then possibly
see the fuzzed out date on that suspicious photo, which incidentally shows a sign
on a grey pole whereas the pole in your photo and the CEO photos is black.
Incandescent
Clearly from your use of the words "solicitor" and "taking them to court", you are unfamiliar with Civil Parking Enforcement, (Traffic Management Act 2004). This is very unusual for a London motorist as so many PCNs are issued there ! No courts are involved in the process, and normally nobody employs a solicitor as its too expensive in relation to the sums involved.

At the moment, you have had your informal appeal rejected, and so have one of two choices, (1) pay up at the 50% discount on offer, £65, or (2), wait for the Notice to Owner at which point you can formally appeal. We can assist with this appeal to make it more compelling. If they reject this, you can appeal to an adjudicator and this is PATAS for London councils.

The main point to make is that you have an opportunity to pay £65 rather than £130 at the moment. Once this discount period expires, the full £130 is in play. If an appeal to the adjudicator is successful, the PCN is cancelled so you would pay nothing. So its up to you. With an upside-down sign, you seem to have a good case. Others here may find other appeal points.

Award of costs is very unusual at adjudications and the sums are usually very small.
colicabcadam
so the best thing i can do at the moment is wait ? as you can see from the evidence, they are clearly telling stories, the upside sign is even visible in their pictures

good shout on the black / grey pole

i'll await your instructions
EDW
you need all their photos in full size by email.
colicabcadam
so i should ask them for this ? is this something they HAVE TO provide me with ?
SchoolRunMum
QUOTE (colicabcadam @ Tue, 13 Nov 2012 - 11:16) *
so i should ask them for this ? is this something they HAVE TO provide me with ?



Of course.
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