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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
promocol
Hello

Just to ask for some much needed advice please.

I am my wife's carer due to her disability and I myself am a disabled driver due to walking problems.

On Friday (2 days ago) I pulled up outside an ATM as I have done countless times over the years to get some cash and the plan was to drive off again.

Even though I was there for a matter of few minutes I always display the blue badge.

I literally turned around and there was the dreaded council appointed traffic warden taking photos and writing out a PCN.

I said that the badge was on display and then she gave me some blurb about being parked in a loading bay.

I then challenged her by saying that nowhere does it state 'loading bay', no markings, no boxes, no lines whatsoever, just a cobbled precinct.

She then pointed at the signs to the entrance of the precinct saying it's a pedestrian zone and that cars and motorcycles are not permitted only lorries for loading between the hours of 4pm to 10am and below a small yellow 'at any time sign'.

The few questions I have are as follows.

(1). The PCN states the location of the contravention took place in the 'Market Square' which is in Dover, Kent. However the name 'Market Square' is a generalization for the whole of that particular area as it is made up of three adjoining roads. i.e. Cannon street, King street and Castle street. I was parked in Cannon street which is the precinct road. Therefore is the PCN incorrect in that it should have stated the 'EXACT' road name?

(2). Does the road have to be marked in some way to show it is indeed a loading bay and not just a plain cobbled street?

(3). The PCN shows TAX DISC No: yet the warden has typed in 'NONE' when my tax is clearly displayed. Is it compulsory for the warden to make a note of the disc number or is the word 'NONE' due to simply her not bothering?

(4). The warden also mumbled on regarding that in my BB scheme booklet it states 'no parking in loading bays' yet I am aware of reading somewhere that TRO state that disabled drivers are exempt from this, somewhat ambiguous and confusing if this is the case. Is this correct and if so have the rules of the TRO changed to comply with the BB rules?

(5). Most importantly dose anyone think I have a case to appeal or just bit the bullet and pay up?

(6). If you do feel I have a case to answer is it possible to be directed to a template or reference letter to assist me please?

Many thank's in advance for any advice and help

I have attached a photo of the street I was parked in and it was outside the bank right next to the litter bin in the far left of the photo and as can be seen there are no road markings at all.
qafqa
Please post all of the PCN, front and back after non-destructively concealing
the PCN number and vehicle registration. There is a low file size for attachments,
using a photo hosting site will bypass the restriction.
How to prepare and post photographs/images
http://forums.pepipoo.com/index.php?showtopic=36858
QUOTE
I have attached a photo of the street I was parked in and it was outside the bank right next to the litter bin in the far left of the photo and as can be seen there are no road markings at all.

Where the blue van is on StreetView?
Is the sign at the entrance exactly the same as on StreetView, the images
are from 2009 so may be out of date.
Market Square, Dover on StreetView
Incandescent
What a rapacious and venal council !! However they seem to be the norm nowadays. And no doubt the CEO has to issue a fixed number of PCNs per hour too.

You need to appeal this straightaway, pointing out you are a BB holder, and have gone there many times before over the past <nn> years to get money from the cash machine, and have never received a PCN before. You therefore consider the PCN has been issued in error and request that it be cancelled.
DastardlyDick
No. it's nt mandatory for the CEO to actually note the VED number, it might come into play if you were to claim your car was elsewhere at the time of the alleged contravention and/or some toerag has cloned your Reg. No.

Usually, the signs show the blue badge symbol if BB holders are permitted to park in a box/bay, so assuming that the signs are still as per GSV and that the TRO/TMO does not give BB Holders the exemption, it looks to me like they've got you bang to rights, but you should still try the "legitimate expectation" argument as outlined by Incandescent.
promocol
QUOTE (qafqa @ Sun, 29 Sep 2013 - 17:50) *
Please post all of the PCN, front and back after non-destructively concealing
the PCN number and vehicle registration. There is a low file size for attachments,
using a photo hosting site will bypass the restriction.
How to prepare and post photographs/images
http://forums.pepipoo.com/index.php?showtopic=36858
QUOTE
I have attached a photo of the street I was parked in and it was outside the bank right next to the litter bin in the far left of the photo and as can be seen there are no road markings at all.

Where the blue van is on StreetView?
Is the sign at the entrance exactly the same as on StreetView, the images
are from 2009 so may be out of date.
Market Square, Dover on StreetView


yes the signs are exactly the same, the construction work you see going on was to install a giant TV prior to the olympics, but the yellow 'at any time' sign stuck to the lamp post to the left of the white van is no longer there.

I am just waiting to get another scanner in order to upload the PCN
qafqa
QUOTE
I am just waiting to get another scanner in order to upload the PCN

The device used to photograph the square in post #1 produces top quality photographs,
can you use it to copy the PCN.
QUOTE
(1). The PCN states the location of the contravention took place in the 'Market Square' which is in Dover, Kent. However the name 'Market Square' is a generalization for the whole of that particular area as it is made up of three adjoining roads. i.e. Cannon street, King street and Castle street. I was parked in Cannon street which is the precinct road. Therefore is the PCN incorrect in that it should have stated the 'EXACT' road name?

This is a good point to work on, an up to date copy of the TRO with all the schedules and amendments
would be needed in order to see how the restrictions have been defined.
QUOTE
the yellow 'at any time' sign stuck to the lamp post to the left of the white van is no longer there.

I wonder why, maybe a sign whisperer can tell us, note there wasn't a right hand one in 2009.
Details of Pedestrian Zone signs start on page 88 of the Traffic Signs Manual Chapter 3,
the At any time is shown on page 89.
http://assets.dft.gov.uk/publications/traf...-chapter-03.pdf
promocol
QUOTE (qafqa @ Sun, 29 Sep 2013 - 17:50) *
Please post all of the PCN, front and back after non-destructively concealing
the PCN number and vehicle registration. There is a low file size for attachments,
using a photo hosting site will bypass the restriction.
How to prepare and post photographs/images
http://forums.pepipoo.com/index.php?showtopic=36858
QUOTE
I have attached a photo of the street I was parked in and it was outside the bank right next to the litter bin in the far left of the photo and as can be seen there are no road markings at all.

Where the blue van is on StreetView?
Is the sign at the entrance exactly the same as on StreetView, the images
are from 2009 so may be out of date.
Market Square, Dover on StreetView

SchoolRunMum
Have you posted the PCN yet, I can't see it in your recent reply? You do not need a scanner - most people just take a photo.
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