Author Topic: City of Edinburgh, 02 Parked in a restricted street, Lochrin Buildings / Gilmour Place, Single Yellow, Parking Bay  (Read 267 times)

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bouncyb

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Hi everyone,



As the title suggests, I have received a PCN for code 02. This was under my windscreen wiper when returning to my parked car yesterday (Thursday 12th).



I was looking for on-street parking in the Gilmour Place area of Edinburgh as I knew, having checked, that restrictions (metered parking) on this street end at 05:30pm. I arrived at around 05:20pm and was considering parking and waiting for 10mins before heading on my way. I only saw a couple of free spaces on the other side of the road (heading west) from where I was (heading east), and I didn't see a chance to move over, so I decided to u-turn in Hailes Street to go back for one. When exiting Hailes Street, I spotted free spaces opposite (in front of Studio E, 52 Lochrin Buildings). I entered this area and checked the sign, noticing that metered parking ends at 04:30pm. I read through the sign and thought I was in luck.



I have certainly misunderstood the sign and I can now see the rather odd 2hr 04:30pm-06:30pm above on the large sign. As I see it my only case for appeal would be that the sign is misleading/confusing. I believe that the signs must be easily understood by the average person. I do think the sign is unnecessarily confusing with its size, order, number of time periods, and requirements. Apart from this, I think there would have to be errors with the PCN.



Additional: Signage is different/missing on the other side of the road. The time on the PCN is 05:35pm, which is very frustrating as it seems it would have been fine from 05:30pm (and would probably have waited until then) just yards (literally seconds) away on the other side from 31 Gilmour Place onwards.



Could someone with more knowledge than myself (I have never dealt with a PCN before) please provide some advice as to what constitutes a misleading/confusing sign or if there are any issues with the PCN? Is the signage up to code? Do I have any grounds to appeal? No harm as I'll still be able to pay the reduced amount? Any information you can provide that would help understand better or to construct an appeal would be greatly appreciated.



Pics of the sign, parked car and all parts of the PCN are hosted here (couldn't work out the embedding, sorry):
https://imgur.com/a/L0CJ3Kd



The google street view is here:
https://maps.app.goo.gl/fU4Kgfz2qBoUsuqJA



Thank you!

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cp8759

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I'm sorry to tell you that the signage complies with the requirements of the Traffic Signs Regulations and General Directions 2016, and it's meaning is clear. You're meant to read the signs from top to bottom, and the top sign in yellow (which is yellow and at the top so that it stands out more) clearly indicates a waiting prohibition during the times and days stated.

There are only two possible strategies:

1) Make a plea for discretion, or
2) Try and trip the council up into failing to consider your representations.

Strategy 1 involves appealing to the authority's discretionary power not to enforce, which is a power only the council has (the tribunal cannot allow an appeal on this basis).

Strategy 2 involves giving the council a link to a video or image you want them to consider, and setting it up view a click / view counter so we can prove whether they're looked at your supporting evidence. If they fail to look at it, you can then win on a failure to consider.

The best approach might be to combine both approaches (provide evidence of mitigation by means of a link), but first we need to know if you have any meaningful mitigation to put forwards.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

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

bouncyb

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Thank you for your response, cp8759.



I was somewhat expecting that unfortunate result. Lesson learned, however.



Do you have any examples of meaningful mitigation? Perhaps at least good enough to allow an attempt for strategy 2? I think I am unlikely to have any mitigation meaningful enough to stand a chance in its own right.



Thanks again

cp8759

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We see all sorts, from people escaping violent partners to people who have recently lost a parent or who have had their cat ran over. The most compelling example we've had in the last year is probably this one:



but it's an extreme case, as less extreme example is here.

However ultimately we can't suggest any mitigation for you, it has to come from you.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

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

bouncyb

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Thanks for your help again, cp8759.



I think I possibly could create a case of mitigation around my mental health condition, however I don't think it would stand much chance and so I'd be relying on strategy 2 of catching the council out if they don't view the evidence.



Given this, and the time and effort required for the appeal, I think my best course of action is just to pay the fine (the day before the discount ends!).



Thanks for your time.