Author Topic: Harrow Council code 24 poor markings  (Read 2258 times)

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Harrow Council code 24 poor markings
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Got this PCN for apparently not parking correctly within a bay or space. On arrival, there was a car parked directly in front so we parked directly behind. There were no markings visible anywhere so we paid and left, only to return to a PCN. The "bay" in front of our car isn't marked out as seen in the photos, ditto the "bay" behind our car. The markings in the photos were obscured by the car so it wasn't apparent that we were between two bays.

Your advice is appreciated. It's a company leased vehicle.

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Re: Harrow Council code 24 poor markings
« Reply #1 on: »
Please post a google street view link to the exact spot, i would venture either wrong location or vague location could be in play

Re: Harrow Council code 24 poor markings
« Reply #2 on: »
Quote
It's a company leased vehicle.

You need to discovere what your company's policy is re PCNs.

Re: Harrow Council code 24 poor markings
« Reply #3 on: »
Please post a google street view link to the exact spot, i would venture either wrong location or vague location could be in play

Looks like here?
https://www.google.co.uk/maps/@51.6075811,-0.3743394,3a,75y,140.5h,83.85t/data=!3m6!1e1!3m4!1sR8g-ob8Rg-0X-nuwZDsZoQ!2e0!7i16384!8i8192?entry=ttu

And that Op parked across two marked bays.
Though markings are not exactly jumping out at you.
Sign just up the road doesn't specify marked bays.
Once again I have to wonder what the traffic order says?

Re: Harrow Council code 24 poor markings
« Reply #4 on: »
Please post a google street view link to the exact spot, i would venture either wrong location or vague location could be in play

Looks like here?
https://www.google.co.uk/maps/@51.6075811,-0.3743394,3a,75y,140.5h,83.85t/data=!3m6!1e1!3m4!1sR8g-ob8Rg-0X-nuwZDsZoQ!2e0!7i16384!8i8192?entry=ttu

And that Op parked across two marked bays.
Though markings are not exactly jumping out at you.
Sign just up the road doesn't specify marked bays.
Once again I have to wonder what the traffic order says?

Exactly right on the GSV location. The markings are vague and badly formed.

I don't know what the traffic order says but I did find this: https://www.whatdotheyknow.com/request/parking_meter_and_pay_by_phone_r

Re: Harrow Council code 24 poor markings
« Reply #5 on: »
I've requested the traffic management order, looks like various avenues are worth exploring with this one.
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

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


Re: Harrow Council code 24 poor markings
« Reply #7 on: »
Yep wrong location, not a sure fired winner with all adjudicators as location is not a statutory requirement but most adjudicators agree that as the PCN states the CEO has reason to believe you commit a contravention at a location you must at least be at that place

Re: Harrow Council code 24 poor markings
« Reply #8 on: »
Yep wrong location, not a sure fired winner with all adjudicators as location is not a statutory requirement but most adjudicators agree that as the PCN states the CEO has reason to believe you commit a contravention at a location you must at least be at that place

Hi PMB, I don't follow your comment. Perhaps I've had a wine too many this evening! The signs are from the parade where the car was parked.

Re: Harrow Council code 24 poor markings
« Reply #9 on: »
CP, did you receive the TRO? 14 day discount period lapsing soon so want to get something in ASAP ideally.

Re: Harrow Council code 24 poor markings
« Reply #10 on: »
You posted: There were no markings visible anywhere so we paid and left.

The photos clearly show the rear of your car straddling markings, they also show clear markings behind your car. Your statement is not credible IMO.

But whether the markings over which your car was parked are clearly distinguishable as intra-parking place markings to a diligent motorist is another matter as is whether the order requires parking wholly within bay markings. 

I put it this way because IMO you have to be clear about a defence which is not undermined by your actions at the time and the objective evidence of the photos.

Re: Harrow Council code 24 poor markings
« Reply #11 on: »
CP, did you receive the TRO? 14 day discount period lapsing soon so want to get something in ASAP ideally.
The TMO is The Harrow (Parking Places) Traffic Order 2020 and the relevant schedule is Schedule 68.

The relevant entry to the schedule seems to be item 1(b)(ii) on page 2, although I think the words "a point opposite" should not be there.

The schedule does define the number of parking spaces in each parking place (i.e. bay), and Article 8 says you must be parked within a space.

The one issue that remains is how these requirements are brought to the attention of motorists. The CEO didn't take any photos of the P&D machine, and GSV doesn't have the resolution to read anything on it, see https://goo.gl/maps/uaJTqxBhgeM3v3We7

Are you able to go back and get some photos?
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

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

Re: Harrow Council code 24 poor markings
« Reply #12 on: »
https://ibb.co/Q6ZkY3K

This is the sign wording. The machine wording isn't available but would expect it to parrot this sign.

Re: Harrow Council code 24 poor markings
« Reply #13 on: »
The relevant bit in Article 8 says
"(c) that every part of the vehicle is within the limits of a parking bay, which is the
appropriate bay in relation to the ticket parking machine, in which has been
or should have been inserted any coin or coins for the purpose of payment of
the parking charge"

This is same wording as we've recently seen in another similar case from another authority.
To me it fails simply because there is no payment machine that the bay relates to. It is wording that harks back to parking meters for each bay, without parking meters, the clause makes little sense.

We also have the arguments on clarity of markings and that the requirement to park in marked bays is not conveyed on appropriate signage (though may be on any payment machine?)

Re: Harrow Council code 24 poor markings
« Reply #14 on: »
Best to pop back there if you can and get a couple of photos of the nearest ticket machine, even if it's all the way up the road, and it's wordings on/around it.