Torbay, code 91 parked in a space not for cars, freshwater quarry car park, Blackball lane

Good afternoon,

I hope you can help me I have a parking fine from Torbay council for code 91 - parked in a car park or area not designated for that class of vehicle, on 09/08/2024 @ 14:31.

Now bare in mind this car parking space looks like any normal space expect it has the letters M/C in front of it, with no other signs stating this is for any other vehicle. I know this as I have a photo of the space with out my car in and it shows no signs what so ever other than the M/c on the floor.

On the sign behind the payment machine there is no indication of what M/C stands for.

Is there a way I could get out of this as it does not seem like there is enough notice to say it is a Motorcycle area and the letters could mean many different things to many people.

I have attached my PCN

Thank you all in advance for the help

You don't seem to have posted your PCN.

The letters M/C are in common use throughout the UK to indicate a space for motorcycles. However, I would have thought the council would have put up a sign by the bay. If you're still in Torbay, could you get a photo of the parking conditions board for us ?

Hi Sorry, I added the imgur link but guess it never showed i will put a post together with everything I have now.

https://imgur.com/a/5VbivIt

I hope this have everything you need,

As for the M/C I have been to a lot of places across the UK and I have always seen a motorbike symbol and never M/C or a sign saying motorbike parking only.

Please let me know if you need anything else,

Thank you for your help

My opinion is that a sign is needed to say "Motorcycles Only". The only reference to motorcycles on the board is to say that motorcycles can park free in bays designated for them, but must pay if parked in other bays. I assume you paid to park.

I paid and got all the tickets to proved I paid my fare

You could try this submission as an informal challengem post up their reply when you get it:

Dear Sirs

Re PCN <number> served on <dd/mm/yyyy> at Freshwater Car Park

I deny liability for the above PCN penalty on the grounds that the contravention did not occur.

On the day in question, I drove into the car park and parked in a vacant bay. I then paid for parking and left the car park.  When I returned I found the PCN and was initially puzzled because I had seen nothing to indicate the bay was reserved for motorcycles; certainly there is no sign saying "Motorcycles Only" and the car park surface merely has the letters M/C, there is no word "only". If bays are to be exclusively for use by certain classes of vehicle then it is encumbent upon the council to make this clear; it has failed to do this.

I therefore request that the PCN be cancelled in the circumstances I describe.

Yours faithfully

Thank you for the advice, and I will use that template but my 1 question is, should I request photographic evidence of the offense first and then depending on what is in the image could play there is no evidence of that being a space for motorcycles only ?

Photographs are not a legal requirement, it is between you and the CEO who is believed if you get to adjudication. However most councils get their CEOs to take them and put them on-line on their website.
Torbay council have a facility to look at the evidence, but I entered your details and nothing is found, so they may not yet have entered the photos and PCN yet,

https://torbay.tarantoportal.com/PCN

There is no point in requesting photos as this just delays matters and anyway they are under no legal obligation to provide them. I would just submit the informal rep I gave as a suggestion.

Further support for lack of signs is the fact that the coash bays are tarmac-marked "coaches only" (my underline, and there are other bays with "Reserved bays" on the tarmac. I would make this clear by adding this fact into the draft reps.

GSV Street View is unfortunately not sufficiently up-to-date being July 2019.