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Full Version: Contravention Code 24: Not parked correctly within the markings of the bay or space
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
sherwoor
Hi all,
Received a PCN today for allegedly parking incorrectly. I believe that it is unenforceable because the lines of the bay appear to be blacked out - which gave me the impression that it was once a bay but no longer is.

I have attached photos below - do I have a case to have the PCN cancelled?


Thanks in advance!
sherwoor
And here's the back of the PCN...
ford poplar
IMO No. The vehicle shown is clearly straddling the end bay which has clear end termination lines.
The other lines have not been 'blacked out' but poss suffering from tar on tyres during the hot weather, a problem for many lines, which do not have to be pristine but sufficient to convey intention. The Council have re-instated bay markings after that utility trench had been resurfaced.
Nothing to stop you making informal reps during discount period, but I doubt Coumcil will cancel PCN.

Others advice may be dependent on seeing both sides of PCN.
EDW
Need to see the council photos and the traffic Order.

But that was clearly poor parking.
Mr Mustard
Can we see the sign that gives you the parking rules at that location please and the parking meter if there is one so we can read what is on it.
Incandescent
From your pics I think you're bang-to-rights on the actual contravention, however the PCN may have fatal errors in its mandatory content.
sherwoor
Thank you all for your feedback. I know that from the photos it looks like terrible parking, but we parked at night and my friend and I genuinely didn't see a bay. Guess we'll just have to be more careful next time. I have uploaded both sides of the PCN above in case there are fatal errors, but couldn't see one based on my (limited) knowledge.
Unfortunately I can't get a photo of the road signs/meter as this was quite far from home and I'm not likely to be back there any time in the near future.
Mr Mustard
I have flown down Warwick Rd, Sutton, on streemap and looked at a sign next to a set of bays at one end of the road. The sign doesn't say "park in marked bay" although it may say it on the meter. Perhaps a kind reader who lives in Sutton will pop along and photograph the meter for us. If the requirement isn't communicated to you, you can't be in contravention for not adhering to it.
sherwoor
I appealed a few days ago and as expected received the following letter of rejection. Guess it's time to pay up. Thanks again to those who offered their advice.




Your Ref: <no ref was printed>
Call Centre: 020 8770 5070
My Ref: <no ref was printed>

Fax:020 8770 5350
e-mail:
parking@sutton.gov.uk
Date: 07 October 2013


Dear xxx

Penalty Charge Notice (parking ticket) number: xxx
Date of contravention: 05 October 2013
Location: Warwick Road
Vehicle registration: xxx

Thank you for writing to us.

We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice.

The penalty was issued to your vehicle because it was not parked correctly within the marked bay. Your comments regarding the bay markings have been noted, however the markings at the front of the bay over which you were parked are clearly marked. The markings at the side to which you refer were blacked out when the bay usage changed and in our view could not cause a motorist to park across the end marking in the manner in which your vehicle was parked. Therefore the penalty was correctly issued and will not be withdrawn.

You have these choices:
• You can pay the discount charge of £30.00 if your payment reaches us within 14 days of the date of this letter.
• You can pay £60.00 within 28 days of the date your Penalty Charge Notice was issued.
• You can formally challenge your Penalty Charge Notice by using a Notice to Owner form. The vehicle's owner will automatically receive the form if the Penalty Charge Notice has not been paid within 28 days of being issued. The form offers you the chance to formally challenge your Penalty Charge Notice or pay the full £60.00. If you decide to formally challenge your Penalty Charge Notice, please do not write to us again but wait until the Notice to Owner form arrives.

How to pay
• Before making a payment, please ensure you have available the Penalty Charge Notice Number, vehicle registration number, NTO PIN number (where necessary) and credit/debit card details to proceed. Payments can be accepted, safely & securely.
• Online at https://parking.sutton.gov.uk/parking
• By Automated Telephone (TouchTone) on 020 8770 7887
• By Operator Assisted Telephone on 020 8770 5341

Yours sincerely



XXX
Enforcement Officer
hcandersen
The council have acknowledged that they blacked out the markings in question; it's not an accident, it's not due to wheel rubber being deposited and not removed, it was a premeditated act of the council "when the bay usage changed".

Nonsense.

If it's a parking space (it's not a bay), then it must be marked correctly. They've acknowledged that it's not complete - end markings are only part of the requirement.

I suggest you email them now and ask them to elaborate on what they mean by "the bay usage changed".
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