Author Topic: PCN for parking in electric parking bay  (Read 669 times)

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Re: PCN for parking in electric parking bay
« Reply #15 on: »
You could try a challenge saying the terms board does not say parking in electric bays is an issue. The CEO did not include a pic of the board among the pics. Below is your pic followed by some of theirs.

Here's the order referred to on the board. It doesn't mention electric bays of course only disabled bays and parking within bays. But there is an amendment in 2014 that adds electric bays but this should be reflected in the terms board. 

https://www.fife.gov.uk/__data/assets/pdf_file/0019/30790/Off-Street-Parking-Places-Consolidation-Order-2013.pdf
https://www.fife.gov.uk/__data/assets/pdf_file/0026/30788/Amendment-to-Off-Street-Order-Electric-Vehicles.pdf





« Last Edit: September 02, 2024, 04:59:55 pm by stamfordman »

Re: PCN for parking in electric parking bay
« Reply #16 on: »
The only other possible avenue to explore would be the Order for the car park; has it been amended to include the conditions for use of the EV charging bays ?

Re: PCN for parking in electric parking bay
« Reply #17 on: »
OP, see 17(c) and Interpretation section of the order.

A 'parking place' is the entirety of the area, 'parking bays' are the separate parking areas.

17. The council shall place and maintain such equipment, signs, markings as are required to give effect to the provisions of this order..

......

17(c) requires the council to 'place and maintain in the vicinity of each parking place appropriate signs indicating the restrictions ....


There's no silver bullet which would cause them to concede but the argument goes that if they believe that the driver breached a provision of the order and that this supports them demanding a penalty then similarly you would say that it's their own failure to comply with their order which had brought this about i.e. if the sign 'in the vicinity of the parking place' AKA the noticeboard had stated that such parking rendered the driver liable to a penalty then they would not have parked as they did etc....

Re: PCN for parking in electric parking bay
« Reply #18 on: »

Thank you for looking into that. Much appreciated. I  will submit a challenge on that basis as see what developes.

Re: PCN for parking in electric parking bay
« Reply #19 on: »

Sadly the challenge regarding the PCN failed to result in cancellation of the PCN  :(

If I want to make a formal representation then I have to wait for 'Notice to Owner'

Is it worth a formal rpresentation?




Thanks

Re: PCN for parking in electric parking bay
« Reply #20 on: »
May we see a copy of your challenge, please.

Re: PCN for parking in electric parking bay
« Reply #21 on: »

It was submitted on-line but in essence it said

- the entrance sign was obscured by foliage
- the bay road  markings had been erroded and not legible.
- there were no signs idicating a penalty could be imposed for parkingin an EV spece, just for parking in disabled bay and parking outwith marked bays

Re: PCN for parking in electric parking bay
« Reply #22 on: »
For me, this boils down to whether an adjudicator agrees or not that the terms board should be updated with the amendment to the 2013 order that I posted.

Not sure it's worth a £30 gamble but they may well reoffer the discount at formal stage anyway to avoid the tribunal and may possibly even cancel it if a strong case can be made about terms.

Re: PCN for parking in electric parking bay
« Reply #23 on: »

Thanks, I am not sure if they would offer the £30 discount again if a formal appeal was made.

It says you can only make representaion on certain grounds (1-6 above) and improper signage is not one of the items listed.

Re: PCN for parking in electric parking bay
« Reply #24 on: »
You can make reps on anything you want. If you have to choose a category, contravention didn't occur covers most things.