Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: chelinka on November 26, 2024, 01:20:10 pm
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Hello!
Ah, I forgot to say in the initial post, the reason that I prattled on all about my health was due to wondering if this could fall under the Equality Act 2010?
"To recognise the obligations under the 2010 Equality Act to provide reasonable accommodations to those with a disability and that not doing so appropriately may be an act of discrimination"
I saw another thread where an individual was able to appeal a parking ticket at a motorway services because they stayed over the "free 2 hour" allocation, due to feeling fatigued from their ADHD and needing to rest. (I have looked and cannot find the post, apologies)
I have taken some images of the lamppost with the notice, and I also found another post opposite where I park my car that had a more legible piece of paper on it. However, this still falls under that it is on my left field of vision and I wear an eye patch at all times on that eye, meaning that I would have never noticed the piece of paper walking to my car during light hours, and certainly didn't see anything when it was dark (when I usually return home).
I also never walk past where I park my car due to my disabilities, so I would have never seen the paper on the post in their evidence.
In reference to your reply, they did absolutely get a TTRO, that isn't my issue; it's my illnesses getting in the way of making me being able to see the notices, and not feeling that posting it on a lamppost is appropriate for someone with my conditions. I'm going to speak to my MSP about this too.
Please find at this link a better photo of the paper along with an additional image of the street and my field of view.
https://imgur.com/a/NMBRDPH (https://imgur.com/a/NMBRDPH)
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Your reps are far too long, and most of it is mitigation. The plain fact is that they have not signed the restriction properly and you should submit representations on that basis. The yellow sign is not a lawful sign, and asking you to read a QR code to find out the full info is just laughable.
However, as ever, Scottish law is different to English, the legislation on the PCN is the original of 1991, whereas the rest of the UK have the Traffic Management Act 2004. If there are no parking restrictions at all, then to place a restriction on the street, they must first create a Temporary Traffic Regulation Order. If you can get a better photo of the document taped to the tree it would help.
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Vehicle registration number SH23ONC
PCN/Bus Lane Charge Notice PG12202840
Date 25/11/2024
Time 10:40
Make RENAULT
Colour Orange
Was seen in Midcroft Ave, Glasgow
Contravention Waiting, loading or unloading
when prohibited
https://parking.glasgow.gov.uk/ please look up the evidence images here as it's too large to upload to imgur
I have been given this PCN due to my car being on the street during gully cleaning. I don’t know if I have anything to appeal with, but I am willing to try.
Reasons to appeal with:
I have numerous disabilities that impacted my ability to be able to see the sign attached to a lamppost outside my house. The yellow sign was also angled away from my front door, meaning that even when I left my home, I did not see it when I was going to my car, and when I returned home, it was always night time and on Saturday evening it wasn't even facing the right road.
My doctors are all aware of the below and I also receive benefits for my conditions and the council also are aware that I am disabled as they give me a reduction on my council tax already.
Meningioma - I have a benign brain tumour on my optic nerve that results in me having to wear an eye patch on my left eye at all times, otherwise I will experience debilitating migraines. I also find I often can’t go outside in the daylight due to the above - meaning every opportunity for me to see the sign was in darkness. Having this visual disability also means that I am not often looking for signs and things as I have to put more of my vision into safely crossing the road as many people in the area speed and it is full of parked cars (hazards).
Chronic Pelvis Pain: I suffer from constant pain in my pelvis area, which also impacts my cognitive abilities and concentration, resulting in similar issues stated above.
Fibromyalgia + Chronic Fatigue: I am waiting on a referral for this, but I suffer from a lot of the symptoms of Fibromyalgia and Chronic Fatigue. In relation to my appeal, I drove to Edinburgh and back on the 23rd of November and found that I was bed bound on the 24th and 25th, due to overexerting myself. We also had extremely dangerous weather during said journey (snow, sleet, fog, rain) and I had to expend a lot more physical and mental energy to be able to complete both journeys to and from Edinburgh safely. This resulted in me being stuck in bed due to extreme exhaustion and widespread pain all over my body. I spent the two days asleep and resting and unable to safely move my car, had I even been made aware that it needed to be moved.
ADHD: I find that this condition affects my concentration and I can become distracted and need to use a lot of my cognitive ability when I am crossing the roads near my house; similar to the above, I am not looking for signs on lampposts but for cars and other hazards. As shown in my images, the sign was facing away from my home. I also find that due to this condition, I often am leaving the house in a rush as I am unorganised and usually running late. I also find that when I return home, I am exhausted having expended a lot of energy due to this condition and I am wholly concentrating on getting to my front door safely due to a) being a woman b) disabled c) it being night time; I do not want to get mugged or attacked and I am aware that I am an easier target for this.
I also feel that the yellow signage for the cleaning was not clear also and did not state what road was to be cleaned, it only gave a date. Cones were only placed either between Sunday and Monday and were not present on Saturday.
I honestly had no idea that Gully cleaning was even a thing that happened in my area. If they had sent me a letter, or an email I would have been able to move my car properly as I honestly had no idea that they were even planning on doing something like this and due to my disabilities I completely missed all the signage and was unable to move my car anyway due to being stuck in bed.
From looking at the evidence as well, I can see that they had taped the notice to a lamppost way past where I always park my car; I never have reason to look or walk down that way or at that lamppost as it’s the opposite route to my home and there are often cars parked in front of where I park my car, blocking my ability to even see it. I am not looking at lampposts when I drive, only the road and I never walk past that lamppost. I feel the council has let me down by not writing to me and making me aware that this was happening.
Imgur link of various images
https://imgur.com/a/pcn-sh23-onc-EjyeaKE (https://imgur.com/a/pcn-sh23-onc-EjyeaKE)
Google Maps of Street
https://maps.app.goo.gl/cTvTsDqLb7iSPnJQ6 (https://maps.app.goo.gl/cTvTsDqLb7iSPnJQ6)