Help - Search - Members - Calendar
Full Version: PCN in Residential Permit Area
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
charliebrownuk
Hello All,

I was unloading a cabinet that I sold to a friend on 23rd Sept between 07:20 and 07:40 hours and received a PCN 16. This was the most convenient time for both of us, he works shifts and I work during the day. The street where he lives has some boxed disabled parking bays with signs and there are some residential parking parking zones with signs. However, where I parked the white lines looked to have faded and the sign across the road was obstructed. I was parked in between the two street light lamp posts that have the residential parking notice and the house I was visiting for the drop off was in between the lamp posts. My friend mentioned to me that parts of the street were for residents and in any case he had a permit which I affixed next to the tax disc - not realising that the permit had expired.

I am looking at challenging the the PCN on the following grounds:

1] Unloading heavy item - there are no signs or markings on pavement on unloading.
2] Lines where I parked were faded.
3] Sign across the road was obstructed.

What are your thoughts on the above, I've attached the PCN, Photos of the signs and faded lines.

Thanks.











Mad Mick V
So how come you got a PCN before 0800 ? Are there any other restriction for this street?

What's the location?

Did the permit you put on your vehicle indicate a VRM?

I am thinking that if an invalid permit was displayed it could fall under Contravention Code 19 (which is a lower charge rather than the one noted on the PCN) so an incorrect Contravention could mean the PCN is unenforceable..

Mick
orford
I am looking at challenging the the PCN on the following grounds:

1] Unloading heavy item - there are no signs or markings on pavement on unloading.
Unloading is a permitted exemption in resident bays, but the council are unlikely to accept your word especially based on 8 mins observation time. They are likely to want to see delivery note, which obviously in this case is impossible. You would have to stick to your guns and be prepared to take this to adjudication

2] Lines where I parked were faded.
Sort of irrelevant in as much as you displayed a permit (albeit an expired one) and therefore were aware of permit parking

3] Sign across the road was obstructed.
Signs on the opposite side of the road are irrelevant, they only apply to that side
charliebrownuk
Thank you for the responses.

Mick - No, there wasn't a VRM on the expired permit. It was a visitors pass - what's the differnce if it had a VRM?

Ok so my defence is incorrctly issued PCN no?

Thanks.
Mad Mick V
You look to have 2 strands of appeal:-

1. Wrong contravention code so the PCN is unenforceable,
2. A PCN being issued outside permitted hours.

Have a search for the thread started by Knancollas entitled "Wrong Contravention" which should explain why displaying a permit (valid or not) merits a different contravention code. I would hope the CEOs photographs show the permit in place.

If the sign you photographed allows permit holders to park from 0800 what is the situation before that? Is there general parking outside the hours shown on the sign?
Your PCN is timed before 0800 so unless there are other signs you have not spotted the PCN looks invalid.

Mick
orford
QUOTE (MAD MICK V @ Wed, 2 Oct 2013 - 07:40) *
If the sign you photographed allows permit holders to park from 0800 what is the situation before that? Is there general parking outside the hours shown on the sign?
Your PCN is timed before 0800 so unless there are other signs you have not spotted the PCN looks invalid.


Ignore what he has written beside the photo (times transposed), look at the photo itself Permit only parking 6pm-8am. Ticket issued at 7.32am.

I'd concentrate on the loading exemption
Mad Mick V
Spot on orford. My eyesight is not the best. Forget the permitted hours suggestion.

Yes the loading exemption is a valid appeal.

Mick

This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.