Author Topic: 2 Council Parking Tickets in one day !  (Read 1041 times)

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2 Council Parking Tickets in one day !
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Hi All, I had a real bad day and received 2 PCN's on the same day.

Firstly I got on on Covent Garden Liverpool, there were no double yellow lines, there was a van already parked there with no ticket. I parked and came back to a ticket despite there being no signage or double yellow lines. There was a loading only but I parked in front of it where there were no yellow lines at all yet still got a ticket. This is part 1 of 2.

I then got next PCN  as I parked in a council pay parking spot which I usually pay in the phone and pay app. I walked away and proceeded to use the app 2 pay. The app kept telling me that there is an error and my bank declined the payment. I tried multiple times but by the time I got backto the van to move it it had a ticket!

What can I do on both counts please ?

Many thanks



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« Last Edit: November 18, 2023, 07:04:48 pm by cp8759 »

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Re: 2 Council Parking Tickets in one day !
« Reply #1 on: »
Edit
GSV links updated to show 2023 views
Covent Garden
Covent Garden is a one-way street, and this is what you see when you turn into it.
https://maps.app.goo.gl/vtee7uoxrg88xGiAA
and this
https://maps.app.goo.gl/abixAmRtNu84Xzk86
and here's a sign about halfway down
https://maps.app.goo.gl/P95H3VPrnjSCww2i9
There is a loading bay by the Pig & Whisle
https://maps.app.goo.gl/GAFJdjqLwnaXM7gN6
There is also a sign for No Loading by the ticket machine for the parking bay. Not that there is a divider between it and the P&D bay
https://maps.app.goo.gl/XHZTHQHQjkopkv9s7
Looking at GSV, the whole street is double-yellow lines except for the loading and P & D parking bays so please tell us where there are none.
So you need to take a photo showing where you managed to park with no double-yellow lines, because an adjudicator would believe the council on this one.

Bixteth Street
On-street Liverpool parking bays allow use of the "Phone and pay" app.
https://liverpool.gov.uk/parking-roads-and-travel/find-parking/phone-and-pay/
website
https://www.phoneandpay.co.uk/
However one can also use the ticket machine. As this is an alternative, why did you not use it ? This is the first thing the council will come back to you with if you submit representations that the app was playing up; why didn't you use the ticket machine ?
You also appeared to have walked off away from your vehicle, whilst trying to pay, which is also not wise, as if you were present and a CEO happened along, you would be able to show him you were in course of paying.  We have seen threads a few years ago where the person who got the ticket had walked to his office 10 minutes away and then tried to park !
Anyway, you need to try to find what the app will provide in terms of an audit trail of your attempts to pay if you want to get any chance of success.
« Last Edit: November 13, 2023, 11:42:24 pm by Incandescent »

Re: 2 Council Parking Tickets in one day !
« Reply #2 on: »
OK regarding Covent Garden - this is what I saw and thought that the double yellows ended. please see attached



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Re: 2 Council Parking Tickets in one day !
« Reply #3 on: »
OK, so looks like a recent patching job on the tarmac and they haven't repainted the yellow lines. We would really need to see how long the section is without the lines, but you may well struggle getting this overturned. There has been the ocasional success, but we'd need a photo of the section with no yellow lines.  Double yellows need no signs, the lines are sufficient, but this means no lines should equal no contravention. What is against you is that part of your van is over the yellow line. Its not much but enough for a council to argue about.

Re: 2 Council Parking Tickets in one day !
« Reply #4 on: »
Looks a shambles to me.

Can we start with the PCNs and alleged contraventions and then look at the evidence, including your account.

PCN 1
Parked in a restricted street during restricted hours.

Whichever way this it cut, at best these grounds are not the contravention because No Loading is 24/7, therefore it would have to be 'parked or loading etc...'.
Therefore, irrespective of views about the DYL, what were you doing while parked? If unloading/collecting etc. then the contravention did not occur.

PCN2
Parked without displaying ......

But you posted 'I usually pay in the phone and pay app'.

Mutually exclusive. According to the OP, there is no requirement to display!

However, one of our posters has shown that PbP is permitted, in which case the contravention is pants.
« Last Edit: November 15, 2023, 12:30:13 pm by H C Andersen »

Re: 2 Council Parking Tickets in one day !
« Reply #5 on: »
Looks a shambles to me.

Can we start with the PCNs and alleged contraventions and then look at the evidence, including your account.

PCN 1
Parked in a restricted street during restricted hours.

Whichever way this it cut, at best these grounds are not the contravention because No Loading is 24/7, therefore it would have to be 'parked or loading etc...'.
Therefore, irrespective of views about the DYL, what were you doing while parked? If unloading/collecting etc. then the contravention did not occur.

PCN2
Parked without displaying ......

But you posted 'I usually pay in the phone and pay app'.

Mutually exclusive. According to the OP, there is no requirement to display!

However, one of our posters has shown that PbP is permitted, in which case the contravention is pants.

OK to address your comment - I was not parked in the loading only area I was parked on the road in front of it on a section of road that had no double yellow lines. The loading bay in front of my also had no yellow lines further supporting my choce of parking as the only sign of yellow lines as the end of the lines behind my van, I will have to go bac to get images.

Ticket 2 - of course if paying by app no need to display but the app / bank charge failed causing me to return to the van only to find that I was too late.

Re: 2 Council Parking Tickets in one day !
« Reply #6 on: »
OK, so looks like a recent patching job on the tarmac and they haven't repainted the yellow lines. We would really need to see how long the section is without the lines, but you may well struggle getting this overturned. There has been the ocasional success, but we'd need a photo of the section with no yellow lines.  Double yellows need no signs, the lines are sufficient, but this means no lines should equal no contravention. What is against you is that part of your van is over the yellow line. Its not much but enough for a council to argue about.

I will go there and get an image.
The loading only had no lines as did the section of road in front of it where I parked.
Not having lines in front of the patking place gave me the impression that I could legally park there.

Re: 2 Council Parking Tickets in one day !
« Reply #7 on: »
Photos for PCN LV12316578:

















You've not answered the question of what you were doing while your vehicle was parked there? It's obviously overhanging the DYLs, even though we can't say to what extent.

Photos for LV11578728:



























Where were you while trying to buy a session on your phone? The machine with the location code is right next to the van?

Also the traffic order is The Parking Places and Controlled Parking Zone (Liverpool) Order 2009 and if you can give us a google street view link to the exact spot where you parked, we can check whether the road markings are where they should be.
« Last Edit: November 18, 2023, 07:37:43 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 Council Parking Tickets in one day !
« Reply #8 on: »
Photos for PCN LV12316578:



You've not answered the question of what you were doing while your vehicle was parked there? It's obviously overhanging the DYLs, even though we can't say to what extent.

Photos for LV11578728:



Where were you while trying to buy a session on your phone? The machine with the location code is right next to the van?

Also the traffic order is The Parking Places and Controlled Parking Zone (Liverpool) Order 2009 and if you can give us a google street view link to the exact spot where you parked, we can check whether the road markings are where they should be.

I was going to a timed appointment.

Yes I used the code on that machine next to the van.

I went there Covent garde4n tonight and took pics with few cars.

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Re: 2 Council Parking Tickets in one day !
« Reply #9 on: »
more pics

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Re: 2 Council Parking Tickets in one day !
« Reply #10 on: »
Your third photo down has to be the decider. A clearly shown area of re-surfaced carriageway, with the double yellow lines at one end and the parking bay markings at the other end. So nothing to indicate where the parking bay ends nor the yellow lines; some unknown distance along the new tarmac !

Re: 2 Council Parking Tickets in one day !
« Reply #11 on: »
Your third photo down has to be the decider. A clearly shown area of re-surfaced carriageway, with the double yellow lines at one end and the parking bay markings at the other end. So nothing to indicate where the parking bay ends nor the yellow lines; some unknown distance along the new tarmac !

So I have a case ?

Re: 2 Council Parking Tickets in one day !
« Reply #12 on: »
I walked away and proceeded to use the app 2 pay. The app kept telling me that there is an error and my bank declined the payment. I tried multiple times but by the time I got backto the van to move it it had a ticket!
Do you have any screenshots, declined bank transactions, phone logs or anything else to support this?

If not, you might need to get in touch with the app provider to get the logs from their end.

As for the DYL PCN I think the first photo above shows a substantive contravention as your bumper is clearly over the yellow line, and it's too much to be de-minimis. Where you actually loading / unloading at the time?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 Council Parking Tickets in one day !
« Reply #13 on: »
I walked away and proceeded to use the app 2 pay. The app kept telling me that there is an error and my bank declined the payment. I tried multiple times but by the time I got backto the van to move it it had a ticket!
Do you have any screenshots, declined bank transactions, phone logs or anything else to support this?

If not, you might need to get in touch with the app provider to get the logs from their end.

As for the DYL PCN I think the first photo above shows a substantive contravention as your bumper is clearly over the yellow line, and it's too much to be de-minimis. Where you actually loading / unloading at the time?

I checked my statements and they never show declined transactions. Perhaps the bank / app service provider and show it in the logs.

As for the Covent garden PCN I was not loading due to the lack of lines that clearly show the limit of the loading bay I assumed it was general parking, the lack of lines and signs directly over the space mislead me. as for my bumper being over the yellow lines I was under the impression that it has to be a wheel.

Re: 2 Council Parking Tickets in one day !
« Reply #14 on: »
as for my bumper being over the yellow lines I was under the impression that it has to be a wheel.
I'm afraid you're mistaken and I would not risk the discount on that point. If you give us a link to the exact spot on Google Street View, I'll check it against The Parking Places and Controlled Parking Zone (Liverpool) Order 2009 to see if the road markings match up to the order.

As for the other one, you have much better chances but it is essential that you get something in writing from the bank and/or the app provider, otherwise the council will say that you've made it all up.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order