I submitted the following for my challenge:
"I have a virtual courtesy BB, details of which can be checked against vehicle registration.
This equates to the physical BB being displayed and as such, the contravention stated cannot occur.
I also have to query the clarity of the road markings, it being unclear whether I was parked within a resident's permit bay or a short stay bay. Both are unlimited time for BB holders but is confusing to the diligent driver."
I received the following rejection today:
I refer to your challenge against the above Penalty Charge Notice, which has now been considered in accordance with the Traffic Management Act 2004.
The Penalty Charge Notice (PCN) was issued to you because your vehicle was observed parked in a parking space for longer than the maximum period during prescribed hours.
I have investigated the circumstances raised in your correspondence and have made the decision to not cancel your notice. The reasons for my decision are set out below, along with the options available to you at this stage.
The Civil Enforcement Officer (CEO) issued your Penalty Charge Notice (PCN) as they witnessed the vehicle ‘parked for longer than permitted’. The contravention covers a number of circumstances in which a vehicle waits for longer than the permitted period.
The Council limits the time a motorist may park their vehicles in certain parking places, this is to ensure there is a constant turnover of places available to the public. We expect motorists who make use of a parking place with a time limit to return to their vehicle on or before the time of expiry.
The Notice was issued as the vehicle was parked in a ‘free’ bay for longer than the maximum period allowed. A vehicle is permitted to park without payment in this type of bay for a maximum period of 1 hour. Once this time has expired, the vehicle must be moved and may not return to the bay for two hours. There is a sign above the bay, which gives clear details of these restrictions.
Disabled badge holders / permit holders are not exempt from this contravention.
I must therefore still request payment of £30.00 before the end of the period of 14 days beginning with the date of service of this letter. If payment is not received within this time the full amount of £60.00 will be due.
The full penalty charge of £60.00 is now due to be paid before the end of the period of 28 days, beginning with the date that this letter is served on you.
If you accept the decision in this letter and do not intend to make a formal representation, the penalty is reduced by 50% to £30.00 if payment is made to the council within 14 days from the date this letter is served on you. If you want to pay, please see the “How to Pay” section at the end of this letter.
If you disagree with my findings and would like to make a formal representation to the Council, you should wait until you receive a Notice to Owner. The Notice to Owner will be sent after a period of 28 days.
The Notice to Owner gives you the opportunity to make a formal representation against the Penalty Charge Notice, however, in doing so you will lose the right of discount and will be required to pay the full amount of £60.00 if your representation is rejected. Should your representation be accepted, the Penalty Charge Notice will be cancelled.
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