Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SolProfundo on June 19, 2024, 11:00:28 am

Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: Incandescent on August 09, 2024, 09:40:05 am
Well, well, it is "collapse of stout party", and to an informal challenge too !

Very well done !
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: SolProfundo on August 09, 2024, 12:17:34 am
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!
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: SolProfundo on June 24, 2024, 10:19:10 am
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 -
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: cp8759 on June 23, 2024, 05:19:19 pm
Council photos:

(https://i.imgur.com/o6teRLp.jpeg)

(https://i.imgur.com/hZTZoVA.jpeg)

(https://i.imgur.com/5uHmsKn.jpeg)

(https://i.imgur.com/4oMMJ2j.jpeg)

(https://i.imgur.com/M1gDjtz.jpeg)

(https://i.imgur.com/OZ7AoAE.jpeg)

(https://i.imgur.com/diN8IPc.jpeg)

(https://i.imgur.com/4Hit4Xe.jpeg)

(https://i.imgur.com/w1jO3El.jpeg)

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.
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: SolProfundo on June 22, 2024, 12:57:38 pm
Thank you, I’ve uploaded the Penalty Charge Notice from Southwark Council on the link below:

(https://postimg.cc/B8z7zmxM)
(https://i.postimg.cc/RFCrN8q5/temp-Imagez8-OLOa.avif) (https://postimg.cc/B8z7zmxM)

Very much appreciate your help with this

https://postimg.cc/B8z7zmxM
(https://i.postimg.cc/B8z7zmxM/temp-Imagez8-OLOa.avif) (https://postimg.cc/B8z7zmxM)
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: cp8759 on June 20, 2024, 08:31:32 pm
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.
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: SolProfundo on June 20, 2024, 07:37:21 pm
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
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: cp8759 on June 19, 2024, 11:18:31 pm
@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.
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: Incandescent on June 19, 2024, 11:51:57 am
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.
Title: Re: Do you think I have any grounds for getting out of this parking ticket?
Post by: John U.K. on June 19, 2024, 11:21:42 am
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
Title: Do you think I have any grounds for getting out of this parking ticket?
Post by: SolProfundo on June 19, 2024, 11:00:28 am


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)