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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
pelunaam
On 21 July 2013 I parked on resident permit bay in error but I paid for pay and display ticket. I received a PCN and I appealed on the basis that I have paid for the ticket and sent a copy of the ticket. I got a reply stating that the car was parked on the resident's permit bay only. I did not realise that I had done until they stated that in their reply. On close inspection I noticed that the PCN was on contravention code 12 which according to enforcement handbook is Parked in a residents' or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place or without payment of a parking charge.

However a pay and display ticket was purchased and clearly displayed as it also noted by the warden but the car was parked on Resident permit holder only bay and therefore the above ticket is invalid as the correct ticket should have been issue under Contravention Code 19 which is Parked in a residents' or shared use parking place or zone either displaying invalid permit or voucher or pay and display - or after the expiry of paid for time.

I have also realised that there are so many instructions/Boards which make it confusing for lay person to understand whether they have parked in the correct spot as has been the case with this one. We had no intention of not paying for the parking but have mistakenly parked in the wrong spot as there are too many boards and therefore did not realise that we were parked in wrong bay until we were notified when we appeal the above PCN. If the car was parked even one space in front of the place where it was parked than we would not even be communicating as the car would have been parked in the correct place.

I have now received a Notice of Rejection of Representation and they state that every bay has a sign, which is approved by the Department of Transport and explains whether the bay is pay and display or for permit holders only. Ultimately it remains the driver's responsibility to carefully read all the information pertaining to parking before leaving their vehicle unattended. Persons using motor vehicles on the public highway should be conversant with signs that govern their use. This not only includes the movement of vehicles but also restrictions on their parking and waiting. It goes on the state that they are satisfied that the PCN was issued under the correct contravention code and the Notice was issued correctly.

I am about to appeal to the Parking Adjudicator and was wondering whether RBKC are correct.
Mad Mick V
OP------Look carefully at the Rudlin thread which is currently live.

Don't be put off by reference to London Councils they publish the contravention code list for the whole of the UK which is used by about 1500? Councils.

If you feel that you have been charged a higher penalty and given the wrong contravention code then that thread may be of some help.

You should also post up the docs minus personal details so members can advise you if there are flaws.

July is some time ago so it might be prudent to give a timescale with the date of each document/action.

Mick
pelunaam
This is the original PCN. We appealed on the basis that we had bought the ticket and attached the copy of the ticket
SchoolRunMum
I think we've had a recent thread saying that 'before the end of the period of' is not the right wording which should be:

(g) that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h) that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

Also please show us the bay sign, does it actually say 'residents' or just 'permit holders' (do not guess). Find the bay on GSView if you can't get a pic now.


pelunaam
This is the reply we received dated 20 August 2013
pelunaam
I emailed on 22 August 2013



Dear Sir,

I refer to the above Penalty Charge Notice where we bought the parking ticket and paid £2.60 however we did not realise that we had parked the car on permit holders bay as we saw the sign pay and display without noticing that it meant from the sign post onwards and would have been ok if we were parked on the bay in front of our car.

We therefore have to pay £55 which is every expensive lesson to learn when we did the right thing. However we could not have paid for the ticket and even then we would have ended up paying £55. I therefore feel that I did not get my money's worth and therefore should be entitled to a refund of £2.60 for the purchase of ticket which was displayed and noted by the traffic warden or cancel the Penalty Charge Notice.

Yours faithfully

We received the reply on 20 September.

I emailed on 23 September 2013 as follows


Thank you for your letter dated 20 September 2013.

On looking again closely at the above PCN I realised that the Penalty Charge Notice has been issued under Contravention Code 12 which is
Parked in a residents or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place.
However a pay and display ticket was purchased and clearly displayed as it also noted by the warden but the car was parked on parking permit only bay and therefore the above ticket is invalid as the correct ticket should have been issue under Contravention Code 19 which is
Parked in a residents' or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket, or after the expiry of paid for time.

I would therefore be grateful if you would now cancel the above PCN as it invalid and look forward to hearing from you in due course.

Yours sincerely




I received a reply dated 9 October 2013
pelunaam
Received Notice to Owner dated 17 October 2013.
pelunaam
I made representation as follows:-


Dear Robert Edgecombe,

I, would like to make representation against the Notice to Owner on the basis of my email of 23 September 2013.


The Penalty Charge Notice has been issued under Contravention Code 12 which according to Civil Enforcement Handbook is
Parked in a residents’ or shared use parking place or zone
without either clearly displaying a valid permit or voucher
or pay and display ticket issued for that place, or without
payment of the parking charge.
However a pay and display ticket was purchased and clearly displayed as it also noted by the warden but the car was parked on parking permit only bay and therefore the above ticket is invalid as the correct ticket should have been issue under Contravention Code 19 which is
Parked in a residents’ or shared use parking place or zone
either displaying an invalid permit or voucher or pay and
display ticket - or after the expiry of paid for time.
I have also realised that there are so many instructions/Boards which make it confusing for lay person to understand whether they have parked in the correct spot as has been the case with this one. We had no intention of not paying for the parking but have mistakenly parked in the wrong spot as there are too many boards and therefore did not realise that we were parked in wrong bay until we were notified when we appeal the above PCN. If the car was parked even one space in front of the place where it was parked than we would not even be communicating as the car would have been parked in the correct place.


I would therefore be grateful if you would now cancel the above PCN as it invalid and look forward to hearing from you in due course.

Yours sincerely
pelunaam
Received Notice of rejection dated 12 December 2013
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