Author Topic: Islington, Code 85 - Parked without a valid permit, Masefield Islington  (Read 39 times)

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Good morning,

I am a resident in Islington and pay for a resident’s parking permit.
There are four marked bays in the car park and are almost always empty.
I was allocated Bay 4 however contractors (including the council) often park there and the estate bins are sometimes left in that bay when the truck has been. This was the case on the day of my PCN, so parked in the adjacent bay.

I have attached a copy of the PCN and copies of the signs relating to the car park.

I have yet to respond to the council.

Any assistance would be greatly appreciated.








« Last Edit: Today at 09:01:30 am by Supertramp »

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Looks like you complied with the terms of the car park. It doesn't say park only in allocated bays.

What does the paperwork for your permit say?

The pics don't show a bay 4 with anything in it but another bay seem to be occupied. Do you know who has bay 3 as they may have called the council.




« Last Edit: Today at 11:07:03 am by stamfordman »

Thanks for your reply. I can’t find the letter the permit came with but the visitors permit we got at the same time states ‘your bay holders visitor permit is valid for any vehicle to park in the parking space number printed on the permit’.

And yes when I got home from work, number 4 was empty again and I moved my car.
I don’t know who has number 3 but in the last year I haven’t seen anyone park in it, it’s always empty.
« Last Edit: Today at 11:49:32 am by Supertramp »

See if you can get a pic of your bay used by the council but presumably that's mostly when you're not there?

I would challenge on the grounds tat it was the council that deprived you of use of the space and that bay 3 is not currently in use and it would be unreasonable to expect you to seek parking outside the estate.

You also met the signed terms of using the car park.

The off-street traffic order may not even specify an allocated space. I'll see if I can find it, but adjudicators do tend to side with what the terms on the permit say.

PCN dated 30 April = day 0.

Day 14 = 13 May TODAY.

Submission within the 14-day period usually means the discount would be re-offered for unsuccessful reps.

IMO, yet another example of a council which thinks that off-street parking can be regulated using traffic signs prescribed for use on-street only.


And for good measure, the sign in the photo has the legal definition as follows:

"permit parking area”
an area—
(a)
into which each entrance for vehicular traffic has been indicated by the sign provided for at item 5 of the sign table in Part 3 of Schedule 5[the one in the photo); and

(b)
where any parking place within that area reserved for the use of the permit holders as indicated on that sign is not shown by markings on the road (whether or not an upright sign is placed next to, or near, such a parking place to indicate that only the permit holders in question may use the place)

So there cannot be bay markings, there aren't any with this sign(when it's used as permitted i.e. on-street).

But the bozos put the sign up, so you can probably rest assured that they think it's correct. C'est la vie.


Contravention did not occur.

I parked as seen in the council's photos and, as can be seen, the sign which the CEO felt should be included as evidence simply says on its face that vehicles displaying permit **** may park beyond this point which makes my case and not the council's because this sign only has legal meaning if placed on and regulating a road, not an off-street parking area, and the inclusion of the words 'Park in marked bays only' is an oxymoron because when used correctly the sign conveys the meaning that none of the specified permit spaces beyond is or may be marked.

See Definitions 'permit parking area':
This Instrument consolidates, with substantial amendments, the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, the Traffic Signs (Temporary Obstructions) Reg...
legislation.gov.uk



I was therefore parked where permitted, irrespective of any numbers on my permit.

I  am submitting these representations more in hope than expectation as regards the council's approach, but nonetheless confident that an adjudicator would allow an appeal by applying the law.

Wait for others and use your own words. But submit something online today.