Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mlg888 on August 09, 2023, 09:10:23 pm
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@mlg888 well the PCN was issued for the single yellow line:
(https://i.imgur.com/puLpqTx.jpg)
(https://i.imgur.com/G7C4Kps.jpg)
(https://i.imgur.com/v2UU9Cc.jpg)
However it's a bit suspicious that the car photos were taken at 9:02 and 9:03, and the CPZ sign was photographed at 9:12:
(https://i.imgur.com/CrTcjhc.jpg)
Is it a new zone? The sign looks old but the google street view capture is from October 2022, and I can get from here https://goo.gl/maps/3Q3RbaPE8GMiuWUt8 to where you parked without passing any CPZ signs. If you got to the place where you parked without passing a CPZ sign, then there is no contravention.
As an aside, if the traffic order doesn't create a zone (as oppose to a collection of waiting restrictions), the contravention did not occur in any event as the CPZ signs would not be authorised, unfortunately Kent Traffweb (https://kent.traffweb.app/traffweb/1/TrafficOrders) seems to be having a few problems so I've emailed Buchanan Computing asking for it to be fixed.
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YOu may well struggle to overturn this, certainly the council are unlikely to give way as the yellow line is there. Are you prepared to take them to the adjudicators and risk the full PCN penalty ?
Anyway, no harm will be done by submitting representations on the lines of your post. They may make errors in their response that make an adjudication win more certain.
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Hi all
Looking for some views as to whether to dispute this ticket, or pay the discount and make sure we never park in this 'previously marked confusing residents' bay again.
Outline:
My son parked his car in this 'always used by residents bay' on Monday evening. Woke up Wednesday morning to a PCN 01 code. We both have resident permits (Canterbury has the electronic ones so nothing needs to be displyed).
A first we thought the ticket was because warden thought he didn't have a permit, but having looked more online I think the warden has issued due to a single yellow line.....which also overlaps into a residents bay box. The markings for a bay (or a previous bay) are clearly there, and all residents use this bay with no tickets issued before. My son himself was parked there from Monday 6pm and only received a pcn at 9am Wednesday...so potentially a new traffic warden in this area?
I read somewhere that pcn's can be challenged on the basis of previous marking being visible and confusing, so I'm wondering whether I can site this as the dispute reason (and should I mention it was parked there from 6pm Monday evening and no ticket issued out on Tuesday, or leave that out?)
PCN image here (excuse crumpledness, son screwed it up in frustration this morning):
https://www.flickr.com/photos/198927081@N04/53105685073/in/dateposted-public/
GSV:
https://www.google.co.uk/maps/@51.3696168,1.1281556,3a,43.7y,241.79h,76.87t/data=!3m6!1e1!3m4!1sJ6v9178VTb5WssrMjC_CQg!2e0!7i16384!8i8192?entry=ttu
(In the GSV above, the bay in question is the one behind the red van)
Thank you in advance for any views/assistance offered.
MLG