Free Traffic Legal Advice

I'm hoping for some advice on a PCN received yesterday.

The infringement was parking over two bays, however as you can see below the ground markings have poor visibility, partially due to the paint wear and also being underwater from recent rainfall and inadequate drainage.

Due to the poor ground markings, the very prominent marks on the wall imply bay separation. I have no idea if this is land the council has bought or if the marks are illegal but either way its confusing to put it mildly.

I spoke to the warden as he was writing the ticket and so was able to get some feedback.
His first response on the ground markings being poor or not, was "They are there nonetheless".

Regarding the wall markings, The warden said that's nothing to do with the council.

I asked him how are people who don't live in the area supposed to know that the wall markings are invalid, and the council had a responsibility to remove them if they wanted to charge for infringements. He agreed it could be confusing and said he would pass on the feedback to the council (shown in the video) but I would have to dispute the ticket.


Video1



Google street view

[ Guests cannot view attachments ]

For others..3(1)(c)?

Yes - missing. IMHO this should win an appeal on its own, because it's an important message, and also a mandatory prt of a Reg 9  PCN.

Thank you for the. quick responses, and appreciate the extra details cp8759.

Here goes draft 1!

>>>

[My Name]
[My Address]
[City, Postal Code]
[My Email Address]
[My Phone Number]
[Date]

[Council Name]
[Address]
[City, Postal Code]

Subject: Formal Dispute of Parking Charge Notification (PCN) - Ambiguous Signage and Poor Ground Markings

Dear Sir/Madam,

I am writing to formally dispute the Parking Charge Notification (PCN) issued to me on [Date of PCN], reference number [PCN Reference Number]. I received the PCN for an alleged parking infringement related to parking over two bays at [Location of Parking]. I firmly believe that this charge is unjust, as the ground markings at the site have poor visibility, primarily due to the worn-away paint and also the recent heavy rainfall with inadequate drainage. Furthermore, the presence of very prominent marks on the wall directly in front implies bay separation, which only adds to the confusion.

I wish to submit the following points, along with the attached video and photographic evidence, to support my dispute:

URL1: [Video1]
URL2: [video2]

The video evidence provided clearly depicts the adverse conditions of the ground markings due to heavy rainfall and inadequate drainage. These conditions are entirely beyond my control as a driver and should not lead to a valid PCN.

Additionally, the photographic evidence illustrates the extent to which the ground markings have deteriorated and the very prominent marks on the wall, which are misleadingly suggestive of bay separation. This creates significant ambiguity for drivers, making it difficult to determine the exact boundaries of the parking spaces.

Due to the poor visibility of the ground markings, exacerbated by adverse weather conditions and misleading wall markings, I contend that the PCN should be canceled. The circumstances surrounding the parking situation were beyond my control, and the signage on-site is unclear and confusing.

I kindly request that you thoroughly review this dispute, taking into account the evidence presented. In accordance with the British Parking Association (BPA) Code of Practice, I expect a response within 14 days of receiving this letter. Failure to provide a satisfactory response may result in further escalation of this matter, including seeking legal advice and submitting formal complaints to the relevant regulatory authorities.

Please acknowledge the receipt of this letter and any supporting evidence submitted. I trust that you will address this dispute in a fair and reasonable manner and aim for a prompt resolution to this issue.

Yours sincerely,
My Name

Thanks for reviewing!

I did use chat GPT and the PCN typo was my input error. I added the salient bits as bullets.

What about the point around 3(1)(c)?

I just got a response back from the council's Parking Services and after some finger-wagging, they have cancelled it.

Thank you for the prompt advice and assistance.

---

Dear

PENALTY CHARGE NOTICE
VEHICLE REGISTRATION NUMBER

Thank you for writing to us.

Although your Penalty Charge Notice was correctly given, we have cancelled it on this occasion.
You were issued a Penalty Charge Notice because part of your vehicle was outside the white lines of the parking bay.

You are not allowed to park like this even if you have paid to park, are displaying an item correctly (for example a permit or disabled badge) or other cars have not left you enough room.

If you get another Penalty Charge Notice in similar circumstances, we may not be able to cancel it.

Yours sincerely
Civil Enforcement Technical Officer

For future reference:

The Maidstone Borough Council (Off Street Parking Places) Consolidation Order 2018
Schedule
The Borough of Maidstone (Off-street Parking Places) (Variation No.3) Order 2023