Author Topic: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD  (Read 620 times)

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Morning All,

I parked on Abbey Road, Abbey Wood SE2 between 11am - 1pm and paid £15.10 for 2hrs parking via Ringo.

There was only was space available and when I came back to my car I noticed an PCN on my vehicle.

Baffled how I received this PCN I viewed their evidence and it looks like where I had parked was 'permit holders only' as you can see in the pictures below, another vehicle was parked over the double lines which separate payed parking and permit bays. The pay to park sign was right near my vehicle and the PERMIT HOLDERS ONLY SIGN was further down the road, the complete opposite direction I was going as the station was behind me.

I believe this in entirely unfair as I had no intention of not paying as I did pay via Ringo. I do not believe this is signed properly and other people had PCNs on their vehicle so I'm assuming it's a common mistake.

There was so signage separating payed for parking bays or permit holder only bays.

https://maps.app.goo.gl/B63pLzxi7iTSCP3K9













« Last Edit: May 02, 2024, 11:39:12 am by KF9393 »

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Re: Bexley PCN but I paid via Ringo
« Reply #1 on: »
« Last Edit: May 02, 2024, 11:37:50 am by KF9393 »

Re: Bexley PCN but I paid via Ringo
« Reply #2 on: »
Quote
More photos as it would not allow me to upload more than 4.

Please have a read of

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here both sides of the unredacted PCN and a GSV link to the location.

Thanks, couldn't see those options as I had originally posted this from my phone. It also still wouldn't let me upload all my photo's so I've had to modify both posts.

This looks straightforward, here's a draft representation:

Dear London Borough of Bexley,

I challenge liability for this penalty because the alleged contravention did not occur. Having reviewed the CEO's photos it is clear that there are two distinct bays separated by bay divider markings, however it is obvious that I missed these because a silver Honda was parked directly on top of those markings, please see the CEO's fourth photo.

While I appreciate it is not the council's fault that the silver Honda was parked on top of the road markings, that is not my fault either. As the bay divider markings were not visible, I had no way of knowing that my car was not parked in the pay and display bay. I attach a copy of my ringo receipt showing that I paid £14.80 to park.

Furthermore my car was parked in close proximity to the pay and display machine, while the permit only sign was away from my car and I walked in the opposite direction to the sign when I got out of my car, I am attaching a photo to illustrate the point.

In light of the above the PCN should be cancelled.

Yours faithfully,

Send this via the council website and keep a screenshot of the confirmation page.
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

Thank you for response. I had sent them that at the beginning of May and yet to receive a response.

I can still access my PCN on the council website and the ticket has now gone up to £110. As I've not had any response, from what I've seen online if I do not hear anything within 56 days then the PCN is cancelled.

Is this correct?

Unfortunatelyy, no, it is not correct.

The 56 day limit applies to formal representations against a Notice to Owner, which you have yet to receive. With the penalty having now gone up to £110, there should be one on its way soon.
You have submitted an "informal challenge" and there is no time limit on responding to these. In fact, if you look at the back of your PCN, you'll see a paragraph before the Data Protection Statment where it is explained.  Essentially, you MUST respond to the Notice to Owner, assuming you are the owner.

If you've not received the notice to owner within a couple of weeks, just make representations again using the same draft. If an NTO has been issued the representations will be considered as formal representations regardless of the fact that you might not have physically received the NTO.
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

Hi All,

Just an update, I've recieved a letter in the post today from Bexley Council rejecting my appeal. Seems they ignored most of my appeal reason and focused on what they wanted.





https://freeimage.host/i/dTepxiF

https://freeimage.host/i/dTepTla
« Last Edit: July 29, 2024, 07:21:16 pm by KF9393 »

It's the usual Fob-Off letter sent in response to informal challenges.  YOu have a strong case, so if it were me, I'd wait for the NtO and submit more or less the same reps as before, but pointing out the misinformation in their response. No doubt cp8759 can improve on them ! 

Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
« Reply #10 on: »
Hi again,

I have once again received an rejection letter from Bexley Council after both appeals. I now have the option to appeal to the Parking Adjudicator or pay £110.

https://freeimage.host/i/dtHYYQI

https://freeimage.host/i/dtHY7hN

I can't seem to attach the image to this post so I have posted links above.

Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
« Reply #11 on: »
With no re-offer of the discount, it is now a total no-brainer to take them to London Tribunals, and as said by cp8759, your case is strong. The penalty remains the same, and there are no additional costs.

Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
« Reply #12 on: »
Fir conveneience, using the BBCodes provided by Freeimage






Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
« Reply #13 on: »
They've misidentified you car, saying it is the one straddling the bays, which they also ticketed. So this should be easy to win as they've not read your reps properly. I doubt they'll contest this as it would make them look stupid.





Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
« Reply #14 on: »
Good spot! In terms of my appeal to London Tribunals, is the below sufficient?

I challenge liability for this penalty because the alleged contravention did not occur. Having reviewed the CEO's photos it is clear that there are two distinct bays separated by bay divider markings, however it is obvious that I missed these because a silver Honda was parked directly on top of those markings, please see the CEO's fourth photo.

While I appreciate it is not the council's fault that the silver Honda was parked on top of the road markings, that is not my fault either. As the bay divider markings were not visible, I had no way of knowing that my car was not parked in the pay and display bay. I attach a copy of my ringo receipt showing that I paid £14.80 to park.

I believe Bexley Council have my vehicle mixed up with the Silver Honda. The reason I believe this is because in my appeal rejection letter, Bexley Council ignored my grounds of appeal and stated the following "Your vehicle was parked partly in a permit holders' bay where pay and display tickets and cashless payments are not valid. You can see in image 4 that your vehicle was parked across the end of a bay with one type of restriction and into the start of another bay with a different restriction." This is in reference to the Silver Honda as shown in image 4 which is not my vehicle.

Furthermore my car was parked in close proximity to the pay and display machine, while the permit only sign was away from my car and I walked in the opposite direction to the sign when I got out of my car, I am attaching a photo to illustrate the point.

In light of the above the PCN should be cancelled.

Yours faithfully,