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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
London Boy
Dear Members - Your opinion is needed...
I have been penalized for stopping in the Loading Bay for 6 minutes, while collecting ordered building keys (receipt copy supplied to Council) from across the street. This was part of my work that day, as I am self employed builder and new keys were meant to be given to the client - shop tenant. I have an appeal and also the appeal review rejected by PATAS, and Council did not answer my argument, where I have told about the Loading fact, nor they made it clear what 'Loading' constitutes from the legal point. Actually, they did not even try to answer to this question.
Now I've got a charge certificate and will wait for court issued witness statement to try to argue all again.
Can someone please take a look at the picture sent by Council and give me their opinion on the legality of the marking?
Thank You

orford
If you have had an appeal at PATAS refused, that's it, you can't appeal a second time.
Gan
Agree

There are only four conditions that allow you to file a witness statement

• You paid the penalty charge notice in full. You must provide details of the date payment was made, the method of payment i.e. cash, cheque etc. and who the payment was made to. Please note you may be asked to provide proof of payment upon request.
• You did not receive the notice to owner / penalty charge notice.
• You made representations about the penalty charge to the Local Authority within 28 days service of the notice to owner and you did not receive a reply (rejection notice).
• You appealed against the Local Authority’s decision to reject your representation within 28 days service of the rejection notice, but you had no response to your appeal.

You don't meet any of them

Pay the charge certificate before bailiffs become involved and it becomes VERY expensive
DancingDad
And bear in mind that if you do wait for the Order for Recovery and sign of on one of the grounds there are penalties in place that far exceed what you owe at the moment.
London Boy
Thank you for replying. I cannot understand only one thing - how can they operate illegal signage and charge drivers for it legally? On my appeal and later - in a review request, I have mentioned to the council about wrong markings. Still, it was not addressed in their reply and my appeal and review was rejected. What is that? Isn't a Tribunal higher than PATAS?

Similar situation: "Richmond Council urged to pay back cash from illegally-marked parking bay that raked £500,000 over five years in St Margarets" (http://www.richmondandtwickenhamtimes.co.uk/news/8288992.Council_urged_to_return_cash_from_illegally_marked_parking_bay/)
Incandescent
Next time come on this forum for advice before appealing, you might do better. Have you got the adjudication reference number ? Obviously the adjudicator disagreed with you on the legality of the signage, but until we see the judgment we're in the dark.
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