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Parking PCN Appeal  for-
Notice Number: DD61343669
Date of Notice: 31/12/2024
Vehicle Registration: BG16 JXZ

On 30/12/2024 the vehicle was parked in Roseangle Car Park and a ticket issued and displayed on the car. The evening was enjoyed and then on the subsequent morning 31/12/2024 the car was loaded up. It was a very windy day and the driver had to reposition the ticket on the dash again or turn it back over at least once during filling the car. This was noticed when a door was opened and the wind moved/flipped the ticket. The last loading was done to the boot around 9:45am and the driver took a break and had a coffee before returning to the car at around 10:15am or a little later with the last items and after putting them into the car at which point they noticed there was a PCN on the windscreen.

The Driver was shocked as this was well before 11:00am (the expiry on the ticket) and there was a ticket on the dash. They then noticed that this was an older curled up ticket that had blown from somewhere else onto the central area of the dashboard/console and had caused the confusion.

The driver took pictures around the vehicle and noticed that the ticket was still on display and visible. The ticket had blown onto the driver's car seat in an upright position but was easily readable.

Despite the Driver’s ticket blowing off from the dashboard the arrangement as it was did comply wholly with all signage terms and conditions and clearly displayed a valid parking ticket in/on the vehicle during operating hours. All pictures show the location and time to between 10:21-10:22am and compliant with the expiry time on the valid ticket. As a result the PCN should be cancelled given the evidence provided.

The driver understands that this situation of tickets being blown within the vehicle is known as ‘fluttering tickets’ and many councils exercise discretion as the parking has been paid for or in this case the free ticket obtained correctly and still valid for the period and as a result the PCN is cancelled. Please consider this option if you don't uphold the appeal showing the valid ticket displayed, which is hard to refute given the evidence.

Weather data has been obtained for the 31/12/2024 and it shows gale force winds. As a result of the 3 file limit on the PCN portal and the 1000 character count comments box the documents, statement and pictures have had to be created into a PDF file so they can be sent. Originals can be provided on request. 2 pictures have been provided in their original form in order to preserve the metadata imbedded within the image.

Lastly, the driver will look to affix or position any further tickets in a tax disk or ticket pocket so that this situation does not occur again and waste the council staff’s time issuing and reviewing the matter, or the driver's time appealing the PCN.

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Please post the PCN, all sides.

Please also note that Scotland is still on the old 1991 legislation, not the Traffic Management Act 2004. There are some differences, but the basic process is the same as the later Act. Adjudication in Scotland is part of the First Tier Tribunal.
https://www.mygov.scot/organisations/the-first-tier-tribunal-for-scotland-general-regulatory-chamber

Your circumstances would seem to be based on mitigation. What I'm not sure about is whether the Scottish tribunal can consider mitigation. The English and Welsh adjudicators can't,  after a High Court ruling some years ago.

Signage, rear side of PCN, and Appeal Confirmation Confirmation made within 14-days.

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It would be lest costly in time and effort for first timers like the driver to just pay the £50 penalty, but on principle and because the Drivers evidence contradicts/mitigates the evidence and contravention stated on the Parking PCN

Thank you for outlining the procedure.

I usually put old tickets in the cup holder by handbrake but this one must have got blown somewhere the day before- perhaps to the corner of the windscreen.

I have taken and provided many pictures but it was only showing up 1 picture each time I tried to upload pictures it overrode the previous image on the forum. So I created PDFs for the images and uploaded these. I see that’s not great because it not obvious and requires a download. So yes I have a picture of the ticket and PCN and a picture of where the ticket was. On the seat and clearly readable, but can see how it would be missed when yesterday’s ticket has blown across the dashboard and sits upright and readable in the middle of the windscreen. I see how it’s happened, but even no ticket displayed would have led the parking attendant to issue the same penalty if they didn’t notice the ticket on the seat. How do I fix putting the picture up on here as they are there but just as a download and so don’t like that, so nor will others.

Yes- owner and V5C up to date.