3. Do you think I have any grounds for getting out of this parking ticket?
« previous next »
Pages: [1]

Author Topic: Do you think I have any grounds for getting out of this parking ticket?  (Read 570 times)

0 Members and 61 Guests are viewing this topic.

Do you think I have any grounds for getting out of this parking ticket?
« on: »

  • I thought I was parking in a solo motorcycle bay  ??? 

  • The line showing the end of the bay had a bike on it, so I didn’t realise I was outside the motorcycle bay

  • The sign that I was in a residents bay is way off to the left (whereas the notice of the solo motorcycle bay is much closer)


Picture: https://preview.redd.it/do-you-think-i-have-any-legitimate-grounds-for-getting-out-v0-lqnilmqf4e7d1.jpg?width=3688&format=pjpg&auto=webp&s=117331b976e205c9b9e74df42a12db368dc20e32


The bay is at 129 Park Street, Southwark, London (51°30'25.3"N 0°05'41.6"W)
Logged

Share on Bluesky Share on Facebook

Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #1 on: »
Quote
The bay is at 129 Park Street, Southwark, London (51°30'25.3"N 0°05'41.6"W)

Here?


https://maps.app.goo.gl/czQZFNAzr5tCGYF16
Logged
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #2 on: »
Your photo shows the bay is incorrectly marked. There is only a single dashed line perpendicular to the kerb whereas it should be a double-dashed line to mark the divide between two bays with separate restrictions. Best practice is also to have the two bay signs on a single pole mounted along side each other with arrows to indicate applicability.

This argument will be totally lost on the council, who anyway, will issue a Fob-Off letter no matter what you say in any informal challenge you submit,  so you'd likely have to take them to London Tribunals. This means waiting for the Notice to Owner, and submitting a formal representation. 

We always recommend submitting reps to a PCN rather than just coughing-up, as councils can make stupid mistakes in their replies, and it gives time to investigate the matter.  GSV shows this as a relatively new m/c bay, as it's not there on the 2021 view.
Logged
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #3 on: »
@SolProfundo as Incandescent says the bay appears to be incorrectly marked. Please the this guidance in the first instance: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Then post up the PCN (no redactions please) and I'll draft a representation for you.
Logged
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #4 on: »
Thank you @Incandescent and @cp8759 this is super helpful.

 @cp8759 I appreciate the offer of drafting a response, it's very kind. 

I'm new to this group so apologise if I've misunderstood.  Were you asking me to add a picture of the ticket/PCN I received in the thread, or suggesting I make a new post with the structure given in the link on Before Posting your Case?

Thanks
Logged
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #5 on: »
Quote from: SolProfundo on June 20, 2024, 07:37:21 pm
Were you asking me to add a picture of the ticket/PCN I received in the thread
This, we have a rule of one thread per case which we enforce quite strictly.
Logged
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #6 on: »
Thank you, I’ve uploaded the Penalty Charge Notice from Southwark Council on the link below:




Very much appreciate your help with this

https://postimg.cc/B8z7zmxM
Logged
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #7 on: »
Council photos:



















This should be fairly simple, as the line is wrong anyway (there should be double-dashed lines there the restriction changes).

Dear London Borough of Southwark,

As the CEO's own photos confirm, there were no visible markings indicating the end of the solo motorcycles bay at this location, a change in restrictions requires a double-dashed line. As no such markings are visible I was entitled to rely on the upright sign indicating solo motorcycle parking, which the CEO has neglected to photograph.

It follows that the alleged contravention did not occur and the penalty charge must be cancelled.

Yours faithfully,


Send this online and keep a screenshot of the confirmation page.

The council will likely reject but I as long as you stick it out to the tribunal, this should be a straightforward win.
Logged
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #8 on: »
Thank you so much for this, I submitted the challenge this morning, let's see what they come back with, I'll post the results here -
Logged
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #9 on: »
Thank you for all your help gang, I received a letter this morning that they won't be pursuing things any further.  Really appreciate the help, couldn't have done it without you!
Logged
Re: Do you think I have any grounds for getting out of this parking ticket?
« Reply #10 on: »
Well, well, it is "collapse of stout party", and to an informal challenge too !

Very well done !
Logged
Pages: [1]
« previous next »
  3. Do you think I have any grounds for getting out of this parking ticket?