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There aren't any ticket machines to photograph. They've all been taken out and now it's PayByPhone only.

In that case I stick with my thoughts

There are no signs advising the motorist to park within marked bays
The requirement within the traffic order cannot be complied with without appropriate ticket machines, ie parking meters, you cannot park in a bay relative to a payment machine if payment machines do not exist.

Quote from: Pastmybest on August 12, 2023, 08:25:10 am

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

you were parked on the Broadway not Uxbridge rd

I hadn't picked up on that despite you saying it before...apologies.

Tis a good point, though it seems to be a service road and is noted as such in the TMO schedule CP pointed to earlier, it is called the Broadway on Google.
Certainly worth throwing in, if only to see how the council respond.

Quote from: crxvtec on August 18, 2023, 06:38:31 am

There aren't any ticket machines to photograph. They've all been taken out and now it's PayByPhone only.

In that case I stick with my thoughts

There are no signs advising the motorist to park within marked bays
The requirement within the traffic order cannot be complied with without appropriate ticket machines, ie parking meters, you cannot park in a bay relative to a payment machine if payment machines do not exist.

There is small print on the sign, conditions of use 2c says you get a PCN if you park outside the bay markings, but makes no provision for when the markings aren't visible.

So will the appeal be based on the offence not occurring because the bay markings were not visible, or should I word it differently?

..
There is small print on the sign, conditions of use 2c says you get a PCN if you park outside the bay markings, but makes no provision for when the markings aren't visible.

So will the appeal be based on the offence not occurring because the bay markings were not visible, or should I word it differently?

Sorry, I missed your earlier comment.....What conditions on what sign and where is this sign?

Do not ignore that markings are extremely faded and there are no overt signs saying park in marked bays nor does the traffic order require in any meaningful sense.

Tweaked response:

Dear Sirs,

We appeal as hirer. The PCN is issued incorrectly: the photos taken by the CEO clearly show shops adjacent to the parked car, and parked cars on both sides of the roadway with only space for single file traffic down the middle. The photos are consistent with a car being parked on The Broadway, Hatch End. Uxbridge Road in Hatch End is a busy A road with traffic flowing in both directions however the photos do not show the car being parked on Uxbridge Road, as the PCN alleges. We would therefore appreciate immediate cancellation of this PCN on the basis that the alleged contravention did not occur.
Further, the bay markings on The Broadway are extremely faded and aren’t recognisable. Bay markings are usually “T” or “L” shaped and placed to allow drivers to determine if they are parked in a bay or not. In this instance, with cars parked ahead and behind, the markings were completely concealed underneath vehicles and therefore rendering it impossible to know that they were there. Neither are there overt signs saying “park in marked bays”, nor does the Traffic Order require in any meaningful sense as there are no machines present associated to specific parking bays.

Yours faithfully,

Thanks DD.

I'll remove the hirer part and send this in. I'll post the response once I receive it.

The 'conditions of use' sign has all the hallmarks of being in a car park, not on a road e.g. 'blue badge holders can park free of charge, motorcycles are not permitted to park in P&D bays etc.