Hello everyone,
Hope you all enjoyed your break.
I'm seeking your guidance on whether there's an opportunity to appeal this Parking Charge Notice (PCN).
While visiting a family member, I was advised to park on Academy Way, directly in front of the car park entrance. They mentioned that this area, managed by Dagenham Council, isn't enforced, due to the 2 signs showing the timings of the restricted parking zone. Consequently, it's common to see cars parked on pavements within this part of land outside the restricted hour. However, beyond the 'zone ends' signs, enforcement is active as the area is overseen by a private company. This distinction is why visitors tend to park in the Barking and Dagenham section. For the past year, I, along with other cars, have been parking here without issue. Surprisingly, I've just received a parking ticket citing contravention code 62.
I have had a go at drafting an appeal below.
Do I have an opportunity to appeal?
Thank you for your time and consideration.
Link to PCN Notice:
https://drive.google.com/file/d/1JH2Xuyaly-mUNbDM0j3IdkHcKGE2dD8Z/view?usp=drivesdkLocation Street view link:
https://maps.app.goo.gl/oUNU97rqzdThysjL9Draft Representation:
Dear Sir/Madam,
RE: Formal Representation Against PCN
I am writing to formally contest the Penalty Charge Notice referenced above, issued on 19/12/23 for contravention code 62, which denotes parking with one or more wheels on or over a footpath or any part of a road other than a carriageway.
My challenge is based on the following points:
1. Clarity of Signage and Parking Zone: the signage within the area where I was parked clearly indicated a "Restricted Parking Zone Mon-Fri 8 am to 6:30 pm". My vehicle was stationed in the land between these two signs, where the indications were explicit that enforcement is not applicable outside these hours. Parking within the confines of this clear signage, during a period that falls outside of the enforcement hours, I had every reason to believe that my actions were in compliance with the parking regulations set by the local authority.
2. Established Pattern of Non-enforcement: I have regularly parked in this area for a number of years without receiving a PCN, leading to a legitimate expectation that parking as I have done would not result in enforcement action. The sudden issuance of a PCN, without any apparent change in enforcement policy or notification thereof, represents a departure from the established pattern of non-enforcement that the council has previously demonstrated.
3. Indistinct Footpath: The area in question does not resemble a conventional footpath, and there is no clear indication that parking is prohibited, which misleads motorists regarding the legality of parking in that location. Further, the section of the carriageway where my vehicle was parked was constructed with the same materials and using the same methodology as the carriageway, lacking the paving slabs that are typically expected in a footway. This uniformity in construction within the restricted zone does not provide the clear visual differentiation that is required for drivers to discern the beginning of a footpath. Furthermore, it is noteworthy that outside the restricted parking zone, the construction material and methodology of the footpath changes, aligning with the typical build-up of a footway. This stark contrast in construction leads to a reasonable expectation that the zone where I was parked did not constitute a footpath and was, therefore, permissible for parking.
Given these points, and in light of the longstanding practice of non-enforcement, I respectfully request that the PCN be reconsidered and subsequently cancelled.
