Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: seanman on September 04, 2024, 05:18:39 am
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Please: the full circumstances of the CEO issuing the ticket. Did you prevent him by your actions? What was the situation when he was taking the photos or printing the ticket?
No, I didnt notice the parking attendant at all. No idea where he came and took the photos. The jewelshop keeper pointed out the signpost, which I immediately moved my car, it was really under two minutes of exercise.
Would the council not look at the time frame? I mean, it was just under a min he took the photos. I thought the loading area is further down 2-3 bays away from where I thought I parked correctly. I think I will challenge the ticket and explain what I have experienced.
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Sadly, bay markings are not required if the authority rely upon this provision:
(3) The bay may be varied to contrast, in pattern or colour, from the surrounding parts of the road and any adjoining bays, in which case the marking may be omitted.
Part 5 2(3) of these regs applies:
https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made
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Please: the full circumstances of the CEO issuing the ticket. Did you prevent him by your actions? What was the situation when he was taking the photos or printing the ticket?
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Looking at your GSV link, you can see that there were white bay markings, but they are virtually all worn out, so as you say, you went to a shop to ask about the bay. So what did the shop tell you ? Funnily enough, whilst the bay markings are almost totally absent, the "Loading Only" text on the carriageway is still clear.
I suggest you submit representations on the basis of the contravention did not occur, because the bay markings worn out so requested info from one of the shops. They told you it one bay and all for goods vehicles loading only, so you immediately went back to your car and drove off.
BTW, the postal PCN is lawful under the Traffic Management Act 2004, which introduced the power to serve a postal PCN if the driver of the vehicle drove off before the CEO could serve a PCN at the roadside.
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I live in Birmingham, was driving in Ealing, London area. Honestly, I couldnt see road marking to differentiate the start/end of the loading area. It appeared to me normal black road with no white markings for parking bay. I went into a shop to check/confirm if I can park, within few seconds I drove away. Couldnt believe how efficient the CEO was, he took instantly the photos, later PCN was received through post. Can someone help here, if I got to pay this PCN or should I challenge, please?
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->>>>>>
PCN
https://ibb.co/9nX5y5J
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Images
https://ibb.co/RStzzL8
https://ibb.co/92z4jsK
https://ibb.co/G5xLFBD
https://ibb.co/0QTJSq3
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->>>>>
Map Location PCN online, image uploaded
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https://www.google.co.uk/maps/@51.5119973,-0.3824732,3a,90y,21.77h,60t/data=!3m7!1e1!3m5!1s-dLAdDai2XJNy6J3i2YFvA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D30.000943490238846%26panoid%3D-dLAdDai2XJNy6J3i2YFvA%26yaw%3D21.771649402880463!7i16384!8i8192?coh=205410&entry=ttu&g_ep=EgoyMDI0MDgyOC4wIKXMDSoASAFQAw%3D%3D