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Nickkinix
Hi all, ok so I was parked on double yellows outside my house as there was literally nowhere to park, we live on a very overpopulated road with permit bays (I have got a permit just can't get in a space thanks to neighbours who all have 2 cars!). So I shouldn't have parked there, but I did, and now I have a fine I want to get out of. I have checked the double yellows and they start on my road and carry on around the corner and in to the next road where they aren't TT they just stop and another parking bay starts. I have attached photos of the end of the yellows and the ticket too. By the way, it says on my ticket I have no tax, I do and the disc was on my dashboard. Thanks all!

Ticket x
Tartarus
You've not needed to display a tax disc since October last year, but that's besides the point. Do CEOs have the ability to go check peoples' tax circumstances anyhow?!

And I suggest removing that PCN and redacting a bit of the information, such as the registration number, before reposting a better photo/scan of it. And do the backside of it as well please.
PASTMYBEST
Where as the T bar at the end of the line is a statutory requirement, so the PCN should be unenforceable, Substantial compliance has probably stymied that defense. I think more will be needed. please post any pics you can get taken by the CEO these should be available online or you can ask the council
Nickkinix
These are the best I can do, hope you can see them ok x
Nickkinix
Please does anyone have any advice or should I just suck it up and pay the reduced fee?
Mad Mick V
What a totally disjointed enforcement system---Vale of Glamorgan is the EA, actual enforcement undertaken by Bridgend Council and payment/appeals to WPPP in Rhyl --no photographic evidence on any of their websites!

They have given the OP an extra day -- it should be 26th.

Missing t-bars may be a reasonable appeal.Otherwise bang to rights I am afraid.

Mick
Incandescent
Missing T-bars is irrelevant, that appeal ground went out of the window years ago. Very clear double-yellows so you are bang-to-rights basically. Only question is were you parked there or doing something else like 'loading' which is one of the exemptions, the other being board/alighting passengers ?
Bluedart
QUOTE (Nickkinix @ Wed, 15 Apr 2015 - 10:14) *
Hi all, ok so I was parked on double yellows outside my house as there was literally nowhere to park, we live on a very overpopulated road with permit bays (I have got a permit just can't get in a space thanks to neighbours who all have 2 cars!). So I shouldn't have parked there, but I did, and now I have a fine I want to get out of. I have checked the double yellows and they start on my road and carry on around the corner and in to the next road where they aren't TT they just stop and another parking bay starts. I have attached photos of the end of the yellows and the ticket too. By the way, it says on my ticket I have no tax, I do and the disc was on my dashboard. Thanks all!

Ticket x


I have never been a fan of resident parking only. Buying a permit does not guarantee you anything and never will.

Selfishness springs to mind when others apply to have resident parking, but the moan like hell when they cannot find a space to park.
Nickkinix
Yep I'm moaning like hell cos I can't find a place to park! My neighbours would rather watch me struggle from half way up the road and across the other side with 2 babies than just show a little compassion and park their cars properly so I can fit in too. This is why I was on the double yellows. The ticket shows they observed me for 10 mins so not sure I could say I was getting my babies in but may be worth a try. Hey ho, may just bite the bullet and pay up, seems less hassle!
PASTMYBEST
QUOTE (Nickkinix @ Wed, 15 Apr 2015 - 20:31) *
Yep I'm moaning like hell cos I can't find a place to park! My neighbours would rather watch me struggle from half way up the road and across the other side with 2 babies than just show a little compassion and park their cars properly so I can fit in too. This is why I was on the double yellows. The ticket shows they observed me for 10 mins so not sure I could say I was getting my babies in but may be worth a try. Hey ho, may just bite the bullet and pay up, seems less hassle!


No if you were getting your babies out of the car then the exemption for boarding/alighting applies. the law says you must do this as quickly as possible but does not specify a time, so if you needed more than ten minutes then you have grounds to appeal and have the PCN cancelled
Incandescent
+1

But if you took the babes in then left the car parked there, it would be difficult to sustain this appeal avenue. But if you drove off afterwards to find a "kosher" parking place, then the exemption applies and you should appeal on this basis.
hcandersen
The PCN gives the wrong latest dates for paying the discount and the penalty - it adds a day in each case. But the correct words are given. Adjudicators are not of one mind when it comes to finding this a procedural impropriety.

But you might be on stronger ground with the reference on the back of the PCN under If the Penalty Charge is Not Paid or Successfully Challenged to '.... before the end of the 28-day period specified on the front of this notice..'.

At best this is misleading and at worst a procedural impropriety because clearly the eye of the reader is drawn to the dates specified, not to wording. And the dates are wrong. And the reference to the 28-day period is a mandatory element of a PCN.

If you want to fight on, this is probably your best procedural point. But they'll reject it and you would end up at adjudication for the full penalty.
Incandescent
HCA's points are all valid, but I think you really need a "primary" appeal point. If you were taking the babes out of the car to the house, and then returned to move the car to a proper parking place, you have a very strong appeal argument that would almost certainly win at adjudication. However only you know what you did and therefore whether it is worth taking further or just paying-up at the discounted rate.
PASTMYBEST
QUOTE (Incandescent @ Wed, 15 Apr 2015 - 22:11) *
HCA's points are all valid, but I think you really need a "primary" appeal point. If you were taking the babes out of the car to the house, and then returned to move the car to a proper parking place, you have a very strong appeal argument that would almost certainly win at adjudication. However only you know what you did and therefore whether it is worth taking further or just paying-up at the discounted rate.


You might as well make the informal challenge if the council re-offer the 14 day's to pay the discount.

I personally would go with the boarding/alighting at this stage and save HCA'S very valid point until if the challenge is refused

My reasoning is, that at the informal stage you are asking that they act sensibly given a valid exemption. So not worth getting their backs up by pointing out their incompetence.

Another equally valid view might be that you should hit them with everything straight off, and let them know you won't be a pushover

See what others say, BUT DON'T MISS THE DISCOUNT
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