Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: RW33 on January 13, 2024, 02:02:14 am
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well done
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Time to bring you all up to date.
I made the formal representations on 27 February that without a sign the restriction was not adequately communicated if parking at night.
The council rejected the reps on 2 April on the grounds that signage was OK.
On 3 April I started the Appeal to London Tribunals.
There was an in person hearing on 9 May (one of several I had that day) and the adjudicator didn't have time to write up all of his decisions and then was away for a month. I nudged him 2 weeks ago when I saw him again and he has now written up the decision.
case 2240155513
The Appellant’s grounds for contesting the PCN as set out in his original representations were that the carriageway legend DISABLED showing the nature of the bay was obscured by leaves. Whilst the photographs, taken in daylight, show that it was not entirely invisible, nevertheless its visibility was substantially compromised, and I am not satisfied that for a vehicle parking in the hours of darkness, as occurred in this case it would be clear enough to draw the motorist’s attention to the fact that the bay was a disabled bay. A time plate is no longer required but this is a case where if one had been present I might well have held the signage to be adequate.
The Appeal is allowed for this reason and it is therefore on this occasion unnecessary to consider the other arguments advanced by Mr Dishman.
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For the forum, here is the NTO for this PCN, with the full penalty charge now due. I will email Mr M. as well.
NTO Page 1-4 - https://imgur.com/a/LT6Oeox
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Trust Mr M.
2230448785
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Thank you. I will wait for the NTO and get in touch then.
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Unusual for there not to be a bay sign and although words painted on the road may be enough in law I don't think the council would win at the tribunal in this set of circumstances. Also, the 28 days is wrongly expressed, it should refer to the alleged contravention date and I have won with this argument at the tribunal. Email me once you receive the Notice to Owner. mrmustard@zoho.com
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I received a windscreen PCN for code 16 - parking in permit area without displaying permit. It was disabled permit bay, where the driver was not aware of the permit space or zone, as the lines outlining the restricted zone was obscured by fallen leaves the night before when the driver parked the vehicle. There are no secondary signage or vertical post identifying the restricted zone. So the driver had nothing to indicate any restriction. No other restriction on parking exists on this street. My representation detailing that was rejected without any explanation. I am waiting for the Notice to Owner to appeal that
The obscured lines can be seen in the enforcement officer's photos. The leaves were pilled thicker the night before and in the darkness the lines were not visible at all. Even in daylight from a drivers point of view the lines are not visible, as can be seen in my own photos from the night before.
Any help with my appeal will be greatly appreciated. It will be also good to know if my appeal is unlikely to be successful so i can pay the discounted fine. I have attached links below for the relevant documents.
PCN - https://imgur.com/a/HJpDBoY
Enforcement Photos - https://imgur.com/a/PoXr2oQ
Google map - https://maps.app.goo.gl/3j4BiQQnEeGZFSxN7
My photos - https://imgur.com/a/Qyb6Iov
Representation - https://imgur.com/a/oPAhaLi
Rejection letter - https://imgur.com/a/hGJb3Ld