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« on: May 01, 2024, 05:22:46 pm »
Hi i have appealed a PCN based on below - i have just received a letter which refers to a different reason than that on the PCN ie parking on a grass verge but my PCN stated parked on one or more wheels on or over a footpath or any part of a road other than a carraigeway.
it gives me 14 days to pay at lower amount or appeal again but then if lose pay higher amount - do i have a chance of appealing based on the difference between PCN and that in the letter turning down appeal?
My challenge is based on the following points:
1. Established Pattern of Non-enforcement: Our family have regularly parked in this area for 19 years without receiving a PCN, as this is the entrance to our property garage, leading to a legitimate expectation that parking as I have done would not result in enforcement action. The sudden issuance of a PCN, without any apparent change in enforcement policy or notification thereof, represents a departure from the established pattern of non-enforcement that the council has previously demonstrated.
2. Indistinct Footpath: The area in question does not resemble a conventional footpath, and there is no clear indication that parking is prohibited, which misleads motorists regarding the legality of parking in that location. Further, the section of the carriageway where my vehicle was parked was constructed with the same materials and using the same methodology as the carriageway, lacking the paving slabs that are typically expected in a footway. This uniformity in construction within the restricted zone does not provide the clear visual differentiation that is required for drivers to discern the beginning of a footpath. Furthermore, it is noteworthy that outside the restricted parking zone, the construction material and methodology of the footpath changes, aligning with the typical build-up of a footway. This stark contrast in construction leads to a reasonable expectation that the zone where I was parked did not constitute a footpath and was, therefore, permissible for parking.
3. I was parked here while waiting a significant amount of time to receive my parking permit (reference RE00085220) which arrived the day after the PCN was issued.
Given these points, and in light of the longstanding practice of non-enforcement, I respectfully request that the PCN be reconsidered and subsequently cancelled.
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