Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Buttercup86 on September 18, 2024, 06:17:12 pm
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"The penalty exceeded the relevant amount" is usually a good catch all - the implication being that if the PCN is wrongly issued then the relevant amount is £0.
Others will confirm though.
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Hello again,
Thanks for all the advice. I received the Notice to Owner today.
Could anyone help me out in terms of challenging- would I tick ‘the traffic order was invalid’ ?
Also, in terms of representations, I was thinking along these lines:
-- the road consists of a mixture of permit bays and unmarked free parking. I was parked in what turned out to be the final space in a permit bay, but due to the inadequate markings I was unable to see this.
- I parked at night time when the markings were not visible at all.
- the parking sign is set back and surrounded by foliage.
- the markings were barely visible, as can be seen in the original photos I sent with my appeal (taken in full daylight)
- the lines were repainted shortly after the ticket was issued, suggesting the council deemed them inadequate.
Photos of the front and back of the letter can be seen here: https://imgur.com/a/AvJgOJC
Any advice would be very welcome.
Thanks
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The fact they re-painted the bay markings soon after your PCN is in your favour and needs including in any reps/appeals.
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See what others say but I would be inclined to go with this. The markings are almost gone and the parking sign while close is by foliage.
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Hi, thanks for replying. This is the Google maps location:
https://maps.app.goo.gl/uwNW2VYUCCfSwhTC6?g_st=ic
I don’t know when the Google images were taken but the markings were even more worn when I parked there.
The street is a mix of bays and unrestricted parking and the sign is a little further to the left of my car- about a car or two down.
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What's the google maps location. If there is a mix of bays and unrestricted kerb there is maybe a good case. That they repainted adds weight.
Whereabouts is the parking sign.
(https://i.ibb.co/MNxtfW0/Screenshot-2024-09-18-at-18-54-13.png)
(https://i.ibb.co/7tvQX1N/Screenshot-2024-09-18-at-18-54-21.png)
(https://i.ibb.co/ySvJrnM/Screenshot-2024-09-18-at-18-54-03.png)
(https://i.ibb.co/XSy52Kz/Screenshot-2024-09-18-at-18-56-46.png)
(https://i.ibb.co/b3gBBfK/Screenshot-2024-09-18-at-18-56-55.png)
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Hello all, :)
I had a parking ticket from City of Edinburgh Council for parking in a residents permit bay on my street (selected hours) without a valid permit. The particular vehicle I was driving didn’t have a permit at the time.
I parked there at night time and checked around the car to make sure I wasn’t in the bay and not seeing any bay markings, was satisfied and left the car. Come 10am the next morning I arrived at the car to find a ticket. I again checked around the car and saw some very faded, almost non existent bay markings.
I challenged the ticket on the council website, explaining the situation and attaching photos that I took of the car and the road. They just got back to me yesterday, rejecting my challenge and setting out reasoning for why they are upholding the ticket (completely ignoring the issue of the almost non existent markings).
Funnily enough, a couple of weeks after the ticket, they were round repainting the lines, so they clearly thought they were inadequate.
I have attached a link to photos, the ticket text and the response I got to my challenge.
https://imgur.com/a/iD1rvzr
Any advice on how I can argue further on this?
Thanks in advance.