Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jp1841 on December 16, 2024, 02:45:28 pm

Title: Re: PCN Bristol: Parked without payment of the parking charge
Post by: jp1841 on December 16, 2024, 04:39:31 pm

https://imgur.com/a/JWmWpcB

PCN both sides

Title: Re: PCN Bristol: Parked without payment of the parking charge
Post by: stamfordman on December 16, 2024, 04:27:23 pm

Let's see both sides of the PCN.

I would play it dumb and just say you parked on what looked to you like an unrestricted part of the carriageway and on inspection of the authority's pictures nothing can be seen that alters that view.

(https://i.imgur.com/vy0UdAR.png)

Title: Re: PCN Bristol: Parked without payment of the parking charge
Post by: jp1841 on December 16, 2024, 04:09:20 pm

Thanks, what grounds do you think form a stronger challenge. The fact that there are no markings, or that there are markings that haven't been maintained?

Title: Re: PCN Bristol: Parked without payment of the parking charge
Post by: stamfordman on December 16, 2024, 04:05:39 pm

The bay markings have worn away, as they often do on cobblestones probably faster than usual road surfaces and Bristol has a duty to maintain them.

But there is a parking sign near your car pointing to the machine. The case depends on your duty to check for signage in the vicinity of a machine and probability of unrestricted parking vs their duty to maintain markings.

Maybe they'll roll over and cancel but you'll only find out when you make a challenge.   

Title: PCN Bristol: Parked without payment of the parking charge
Post by: jp1841 on December 16, 2024, 02:45:28 pm

BS28064216 

WP69 RFN

https://www.google.co.uk/maps/@51.4513449,-2.5927408,3a,75y,264.16h,65t/data=!3m7!1e1!3m5!1sBAoVHm_RcyWkSA1WdDXpLw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D24.999617484835596%26panoid%3DBAoVHm_RcyWkSA1WdDXpLw%26yaw%3D264.15779916311163!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIxMS4wIKXMDSoASAFQAw%3D%3D

I was parked adjacent this green bin below, away from the DYs.

https://maps.app.goo.gl/qGeFqdC4Kd4HnvB36


First two show my car parked adjacent a kerb, not in a marked bay.

https://imgur.com/a/TCNVIsv

Google maps link shows the parking sign is north of my location, and the parking machine south on the other side of the double yellows. Final image shows markings in 2014 (from google maps), that has since worn away.

There are no road markings anymore (once upon a time there were but they haven't been maintained), and I wasn't parked over the double yellows. I didn't think there would be any restriction here.


Thanks