Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Regiman on March 15, 2025, 07:51:50 pm
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The PCN is required to say what you did wrong and it doesn't say what class should be there.
This case was won on this basis.
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2160271291
This PCN was issued for the alleged contravention of being parked in a
parking place or area not designated for that class of vehicle. The PCN
was issued at 12.56pm on 27 April 2016 and the location was Lenelby
Road.
The Schedule to The Civil Enforcement of Parking Contraventions
(England) General Regulations 2007 sets out the contents required by the
Regulations for a valid PCN served under Regulation 9.
Among other things, the PCN is required to state the grounds on which the
enforcement authority believes that the penalty charge is payable. Those
grounds must be expressed in terms that allow the recipient of the PCN to
properly understand the nature of the alleged contravention.
The Council say that the place in which Mrs Harding's vehicle was parked
was a goods vehicle only loading bay. In other words, the bay was
designated for goods vehicles only. This is not, however, clear on the face
of the PCN which states simply that the vehicle was parked in a place not
designated for that class of vehicle.
A motorist reading the PCN would not understand from the wording the
nature of the alleged contravention because there is nothing to explain the
class of vehicle for which the parking place was designated. The PCN
needs to identify, whether by wording or images, that the class of vehicle
for which the bay is designated is goods vehicles only.
I therefore find that the PCN was invalid and the appeal is allowed for that
reason.
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Arrangements have been changed a lot in the last few months
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Note in google maps the area i am parked had loading bays and yellow slash lines on the pavement clearly marking the restricted areas but have been removed.
GSV latest view is February 2022, so if this doesn't show what is there now, we really need to see some photos of the current carriageway markings, and the signs. So if could do some legwork with a camera and post results here it would be very useful. Hopefully the CEO took some photos as well.
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You still covered up the pcn ref but luckily you missed it at the bottom so now we can assess the council's evidence. I play snooker about 400m from that bay so will take a look in the next few days
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Following on....
2) Also there was no street or pavement markings to show parking area has restrictions.
I don't follow. There are parking place white dashes and the words 'Loading Only' written clearly on the carriageway.
I have to ask, where did you think you were parking?
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The sign specifies Goods Vehicles Only loading, so as your vehicle is not a goods vehicle, a PCN can be served immediately.
But we need to see the PCN as Mr Mustard says. A GSV link to the location would also be very helpful.
https://maps.app.goo.gl/DupPAM2brggn6ThS7
Thanks for your reply please see updated picture of pcn ticket and GSVlink
Note in google maps the area i am parked had loading bays and yellow slash lines on the pavement clearly marking the resticted areas but have been removed.
Also I am a disabled blue badge holder
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Please post it again without any redactions and also post the back. Many cases are won on wording errors
Please see the pcn pictures again.
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Time to refresh where you can park with a blue badge as a goods vehicle loading bay isn't one of them https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england Will save you hours of future trouble
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Please post it again without any redactions and also post the back. Many cases are won on wording errors
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The pcn is our starting point, please post it up, complete
https://maps.app.goo.gl/DupPAM2brggn6ThS7
Thanks for your reply please see updated picture of pcn ticket and GSVlink
Note in google maps the area i am parked had loading bays and yellow slash lines on the pavement clearly marking the resticted areas but have been removed.
Also I am a disabled blue badge holder.
[attachment deleted by admin]
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The sign specifies Goods Vehicles Only loading, so as your vehicle is not a goods vehicle, a PCN can be served immediately.
But we need to see the PCN as Mr Mustard says. A GSV link to the location would also be very helpful.
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The pcn is our starting point, please post it up, complete
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any advice would be appreciated
(My vehicle is the Grey car in the phtos)
I Received a pcn today Contravention code 23 parked in a parking designated for that class of vehicles.
1) Note that the officer did not give the specified time of 20 minitues ..
Civil enforment officer observed the vehicle identified above from 3.58pm untiil 4.04pm that is 6 minutes. Is this a mistake from the officer?
2) Also there was no street or pavement markings to show parking area has restrictions. but there was a street post sighn 4 meteres away that i did not see.
Also on then other side of the street there are street marking clearly showing that this area is for unloading only. See photos attached.
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