Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: LpoolDriver23 on December 08, 2023, 12:03:51 pm

Title: Re: Liverpool, code 01 parked in a restricted street during prescribed hours, Springfield L3.
Post by: H C Andersen on December 08, 2023, 08:01:33 pm

How many PCNs did you challenge?

Your challenge and their reply pl.

Title: Re: Liverpool, code 01 parked in a restricted street during prescribed hours, Springfield L3.
Post by: Incandescent on December 08, 2023, 07:50:23 pm

I'm afraid it's a double-or-quits gamble, I'm afraid. Think of it as a learning opportunity in Life's Rich Pageant ! Trouble is the parking legislation says nothing about this situation, so a lot depends on what adjudicator you get "on the day".

Title: Re: Liverpool, code 01 parked in a restricted street during prescribed hours, Springfield L3.
Post by: LpoolDriver23 on December 08, 2023, 06:27:13 pm

Yeah, I know - frustrating obviously but I'm happy to pay the first PCN for this error. It seems a bit harsh to have to pay for the second. Do you think it's worth counter-appealing again, despite them rejecting the first appeal to the continuous contravention?
(I'm not financially very safe at the moment)

Thanks.

Title: Re: Liverpool, code 01 parked in a restricted street during prescribed hours, Springfield L3.
Post by: Incandescent on December 08, 2023, 12:27:58 pm

The double-yellows apply to the verges and footways up to the fence that is visible in the photo; obviously you didn't know this, but that is no excuse, I'm afraid.

If they've refused your reps on the 2nd PCN you could risk the full PCN penalty and take them to the adjudicators, because this is a single contravention. Common law is that you cannot be penalised twice for a single offence.

Title: Liverpool, code 01 parked in a restricted street during prescribed hours, Springfield L3.
Post by: LpoolDriver23 on December 08, 2023, 12:03:51 pm

I parked on some tarmac adjacent to a road with yellow lines. I was not touching the road/yellow lines. It is a wide sprawl of tarmac next to a tennis court where cars regularly park and I was unaware that it was not possible. I'd never seen a car with a ticket there over the last year of parking there, but if I made a mistake I’m happy to pay for the PCN.
However, I parked there overnight while I was out of town and received two PCNs. Both PCNs were observed from 11:12-11:18.

I tried to appeal this based on it being a continuous contravention (within the same 24hr period), but it was rejected as the contraventions are “exactly 24 hours apart, both were observed from 11:12 -11:18”.

Is this legitimate? Personally, I would think that it could be argued that they are within the same 24hr period too?



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