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sainthalo
Need some advice on representations as unfortunately was given a kind New Years gift from Haringey Council.

Had not realised residents parking restrictions were operative on New Years Eve. Road was empty.

1) Have applied for residents parking permit (in mid-december)
2) Seems disproportionate to fine £130 for parking in a residents bay (120 minute period where not permitted)
3) I noted the sign is not compliant - doesn't include the word "Resident" as per http://www.direct.gov.uk/prod_consum_dg/gr...t/dg_191955.pdf

Please see PCN and pictures below. Pictures are edited, Haringey did not really wish me a Happy New Year!!







Incandescent
I can't see this winning at PATAS, frankly. Sign seems clear enough to me, and would cover residents with permits, and any other holders of permits. What made you think New Years Eve was dies non ?
hcandersen
In which case it should have been code 16 - Parked in a permit space or zone without clearly displaying a valid permit.

As it stands, you don't know whether even if you had displayed a resident's permit this would have complied with the sign because this is restricted to holders of permits HS, these could health care permits for a hospital opposite for all we know.

The contraventions are there for a reason and they should use the correct one. But adjudicators blow hot and cold on this point.

If you applied for a res permit, do you live in this road and would it be valid for HS parking places?

The application form/guidance notes would have included reference to how long it would take for the permit to be issued and what to do in the meantime.

Did they and what do they state?
sainthalo
QUOTE (hcandersen @ Fri, 3 Jan 2014 - 11:33) *
In which case it should have been code 16 - Parked in a permit space or zone without clearly displaying a valid permit.

As it stands, you don't know whether even if you had displayed a resident's permit this would have complied with the sign because this is restricted to holders of permits HS, these could health care permits for a hospital opposite for all we know.

The contraventions are there for a reason and they should use the correct one. But adjudicators blow hot and cold on this point.

If you applied for a res permit, do you live in this road and would it be valid for HS parking places?

The application form/guidance notes would have included reference to how long it would take for the permit to be issued and what to do in the meantime.

Did they and what do they state?


Firstly, thanks for the above reply.

There is clearly an irregularity but I appreciate it may be difficult to overcome the fine.

The council do offer temporary resident permits by visiting their customer service centres which I could not afford the time to do.

The HS permits in the street sign do relate to the relevant Hornsey South (HS) Controlled Parking Zone.
SchoolRunMum
QUOTE
There is clearly an irregularity but I appreciate it may be difficult to overcome the fine.


The wrong contravention means you can argue 'the contravention did not occur'. Shouldn't be too 'difficult' seeing as the sign is a permit bay (not the one described in the PCN). This is a perfectly valid appeal point.
sainthalo
The case was listed for a PATAS hearing and the council then finally backed down:

"We have identified a technical error and as a result we no longer wish to contest this.
Please accept our apologies for any inconvenience caused by this matter"


Thank you all. biggrin.gif
Chaseman
QUOTE (sainthalo @ Thu, 24 Jul 2014 - 12:37) *
The case was listed for a PATAS hearing and the council then finally backed down:

"We have identified a technical error and as a result we no longer wish to contest this.
Please accept our apologies for any inconvenience caused by this matter"


Thank you all. biggrin.gif


Another example of pusillanimous councils refusing to admit they were wrong or that the motorist had a valid appeal point. By blaming a "technical error" they can avoid creating any sort of precedent or - horror of horrors - admit they were wrong in the first place. Suggest you write straight back to demand the exact nature of the "technical error". But well done on the result!
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