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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Fightback on March 19, 2025, 10:41:20 pm

Title: Re: Hackney - Code 23 - Parked in a parking place or area not designated for that class of vehicle
Post by: Fightback on March 20, 2025, 05:14:57 pm

Thanks - So is it best to appeal based on the technicality on the PCN rather than argue re the sign. Just looked at the council evidence online, it does have the picture of the sign so does that nullify the argument?



Or should I draft up an appeal and include both points.

Title: Re: Hackney - Code 23 - Parked in a parking place or area not designated for that class of vehicle
Post by: Incandescent on March 20, 2025, 10:55:58 am

Quote from: stamfordman on March 20, 2025, 09:50:28 am

See also this case which has some similarity. I think the sign should say solo m/c only and the bay should have a road legend.
Hackney has been adding new m/c bays at the same time as introducing pay for parking for m/c.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hackney-council-pcn-for-parking-in-a-newly-created-motorcycle-bay/

As for the PCN, the wording doesn't tell you what class should be there as you say, not even with a suffix.

Mary Harding is your friend.

https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV/view

Good suggestion. A "technical" appeal from 2016

Title: Re: Hackney - Code 23 - Parked in a parking place or area not designated for that class of vehicle
Post by: stamfordman on March 20, 2025, 09:50:28 am

See also this case which has some similarity. I think the sign should say solo m/c only and the bay should have a road legend.
Hackney has been adding new m/c bays at the same time as introducing pay for parking for m/c.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hackney-council-pcn-for-parking-in-a-newly-created-motorcycle-bay/

As for the PCN, the wording doesn't tell you what class should be there as you say, not even with a suffix.

Mary Harding is your friend.

https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV/view

Title: Re: Hackney - Parked in a parking place or area not designated for that class of vehicle
Post by: Incandescent on March 19, 2025, 11:58:00 pm

Frankly, I cannot see much to base a representation upon at the moment.

Assuming the GSV view dated October 2024 is still correct, then, starting from the first bay at the road junction, it is for loading-only, and with no days or times, applies 24x7.
https://maps.app.goo.gl/2GxMh3p1PqwfLKZQ7

Then there is a bay divider, (the double-dashed lines perpendicular to the kerb) for another bay, which has a rather badly located sign, although not badly enough to win an adjudication, I fear.
Looking at the sign for this quite small bay it shows that it is exclusively for motorcycles, but with a restriction applying Mon-Fri 10am to Noon, involving payment or display of permit.
https://maps.app.goo.gl/QjeC9LLGSF8TznKt6

The sign for the third bay, which is quite long, is some yards away: -
https://maps.app.goo.gl/2GxMh3p1PqwfLKZQ7

Title: Re: Hackney - Code 23 - Parked in a parking place or area not designated for that class of vehicle
Post by: Fightback on March 19, 2025, 11:54:04 pm

Just a quick q - is the suffix required for contravention code 23? Or is that not required on a PCN.

Title: Hackney - Code 23 - Parked in a parking place or area not designated for that class of vehicle
Post by: Fightback on March 19, 2025, 10:41:20 pm

Hi
Received a PCN for parking in a bay that I thought was unrestricted outside of permit hours. Did not realise that the bay is actually reserved for motorbikes at all times. Thought after 12 it was all good to park there due to the signage.

Is there any basis to challenge the PCN?

https://imgur.com/a/mUlrjNx

Location: https://maps.app.goo.gl/seGjunBskzSM6V4T9

Thanks!