I still want to see the Pcn please
Unfortunately, I have lost the original PCN.
I only have the Notice to Owner.
This is the draft of my appeal to the tribunal.
APPEAL AGAINST PENALTY CHARGE NOTICE-- NO. XXXXXXXX
The Charge
Contravention 21 – Parked wholly or partly in a suspended bay or space.
My appeal is therefore based on the following ground:-
(1) Penalty notice is ambiguous and misleading
The penalty notice refers to ‘4 car spaces outside 19 -25 Atherton Street'.
There are no marked spaces, therefore 4 car spaces and 19-25 is an ambiguous description which is extremely confusing to the average driver.
When I parked my car, I read the suspension notice and diligently made sure that I left the required 4 car spaces behind me from 19 Atherton Street.
In my formal appeal, I have asked the council to show me how it arrived at the conclusion that there were less than 4 car spaces behind my vehicle at the time that I parked. Furthermore, I requested the council to provide me with a copy of whatever evidence they have that proves this point (including their definition of the length of a "car space" and the legal argument they intend to make that justifies this definition) so that I can make an informed decision about taking this case to the parking tribunal.
The council has failed to respond to both requests, so I am not able to effectively defend myself at the tribunal.
With respect, I would refer the adjudicator to ETA 2210026624 and the review of that decision.
Extract of the adjudicator ruling
“I have considered the totality of the evidence before me and I find that I cannot be satisfied on balance that the signage which highlight the suspension is adequate or clear for the purposes of the
authority discharging their duties in demonstrating that the reasonable driver would have been aware of the exact length of the suspended bays. There is some ambiguity as to the length of a bay and further the exact length of the suspension was not properly marked out end to end in order to avoid any ambiguity.
I find therefore given the totality of the evidence before me on balance, which includes lack of adequate signage and the fact that the Appellant's vehicle is seen parked at the very edge of what might be the 5 suspended spaces, then this leads me to the conclude there is some ambiguity as to
whether there is an actual contravention. For these reasons I therefore allow the appeal.”
I would respectfully ask that the PCN be cancelled on the above ground.
