Author Topic: Kirklees Council Penalty Charge Notice - Code 81 Parked In a Restricted Area.  (Read 840 times)

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Colne Valley Leisure Center Car Park (Kirklees Council)11th Feb 10.38am, A PCN notice was issued for parking in a restricted area in a car park.  The area is supposed to be a yellow hatched area, the area is not clearly marked and the lines are faded and covered by leaves.  The area only has a bin placed on the adjacent land,  therefore no obstruction took place.

As the area isn't clearly painted and there are leaves blowing on and across the area, please advise is there a way to appeal??

https://cdn.imgpile.com/f/opcbLRS_xl.heic

https://cdn.imgpile.com/f/5T5Vfff_xl.HEIC

Thanks Rob

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What are PCN number and car VRM...

T6 RNB

PCN KM2 1920404 (CEO number 206)

Hi do you need anymore information?? thanks Rob

You were clearly in the cross-hatched area.

The question is whether the contravention is enforceable under their traffic order. The terms board doesn't cite the order and doesn't include the contravention but says 'including'. The contravention of not being in a parking place is often given.

I'll see if I can find the parent order.




DoT guidance states that markings don't have to be pristine to be enforceable. They'd have to be a lot further gone before you could argue you can't see them.

Leaves would be mitigation if the leaf cover was so thick you can't see the hatchings. The fact there are leaves on the edges and bins there doesn't mean they can't enforce the hatchings. If the hatchings are enforceable they are enforceable if you are substantially on them, and they are clear enough for most of the area beneath and around your car.

RingGo has horrible capitalisation on the T&Cs, but I don't think that affects anything.

Ok thanks for looking, Is there anyway to donate a contribution to your tie & efforts?

May we see the back of the PCN pl?