Follwing the superb advice I have been given here (above), I wrote:
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My car is an Electric Vehicle so I qualify for free parking in Haringey according to this policy extract:
Parking baysElectric vehicles (not hybrids or plug-in hybrids) can park for free only in dedicated pay-by-phone bays in Haringey, but the maximum stay and no return rules still apply.
Electric vehicles cannot park for free in shared-use bays (these are pay-by-phone bays that permit holders can park in)."
It's not a shared use bay even by the Council's own standards. Just nearby is this sign - which clearly is shared use
- and the order wording that created it:convert existing pay by phone only parking places between the flank wall of No. 24 Burghley Road N8 and the flank wall of No. 23 Vernon Road N8 on Lyttleton Road N8 into shared use resident permit holders and pay by phone parking places, operating as shared use between 8 a.m. and 7 p.m. on Mondays to Sundays inclusive, and resident permit holders only between 7 p.m. and 10 p.m. on Mondays to Sundays inclusive
I interpreted the sign as meaning that at the time I parked the bay was restricted and therefore dedicated only to vehicles paying and that permit holders were not permitted to park for free simply because they displayed a permit.
The authority's rejection of my challenge states:You were parked in a bay for people paying to park by phone or online.
You were parked at a time when paying to park by telephone or online was in operation. which is consistent with this bay being dedicated to vehicles paying as the authority does not suggest or claim that the bay was shared use at the relevant time.
I submit that my interpretation of the published policy was consistent with the wording of the sign and therefore the contravention did not occur.
Alternatively, the wording of the policy is ambiguous and there are legal precedents which require that the matter should be resolved in favour of otherwise disadvantaged party i.e. the driver.
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I filed this on the day before the very last day possible.
They replied today (5th feb) saying they'd
cancelled the PCN.
Thanks so much!!!!
C.