Hi all,
I'm looking for advice regarding a UK CPM parking charge and whether I have any realistic grounds for a further appeal or defence if this eventually goes to court.
I received a PCN from UK CPM for "not parked wholly within a marked bay" in an NHS staff car park.
I am an authorised member of staff and was parking for work purposes.
The issue is that the bay was partially obstructed by pallets of bricks, construction materials and barriers placed directly behind the parking spaces. These had been there for a prolonged period (despite construction work being completed & no indication from estates or UK CPM that bay was out of use). Because of the obstruction it was impossible to reverse any further without risking contact with the materials.
I parked as far back as I reasonably and safely could. My vehicle was not blocking a roadway, pedestrian route, neighbouring vehicle or emergency access. No loss or inconvenience was caused.
I appealed to UK CPM and provided photographs showing the obstruction. The appeal was rejected. UK CPM's position is simply that the vehicle was not parked wholly within the bay.
I subsequently intended to pursue an IAS appeal but unfortunately missed the deadline due to a family bereavement and funeral.
I have also approached the NHS Trust (the landholder) and provided the same photographs. They have declined to intervene and have effectively supported UK CPM's position.
My questions are:
Does the fact that the parking bay was partially unusable due to construction materials provide any meaningful defence?
Is it worth attempting a Non-Standard IAS appeal?
If this ultimately resulted in a county court claim, would the circumstances and photographic evidence be likely to carry any weight?
Are there any county court judgments or parking cases where compliance with bay markings was impossible because the bay was obstructed or physically unavailable?
I have images of the below:
Attempted appeal with UK CPM & employer
Photographs of the bay and obstruction
Relevant signage
Image signage hosted on ImgBB
Image IMG 8292 hosted on ImgBB
Image appeal 4 hosted on ImgBB
Image appeal 3 hosted on ImgBB
Image appeal 2 hosted on ImgBB
https://ibb.co/rRTHyHC9Any advice would be greatly appreciated.