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Messages - lost4words2

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forgot to add, I did get in touch with derby cathedral regarding a statement, but the person I was dealing with was away all week, and could not offer any support/statement before my appeal deadline

2
@cp8759 I challenged the PCNs on 22/04/22 based on one point as I didn't believe the other two were valid in the end, (point challenged "Having enjoyed unhindered use of it for decades, this has given rise to the reasonable expectation that the lines are not enforced here").

As I kind of expected, Derby City Council rejected the challenge stating the following:

Thank you for your enquiry, which was received on 22 April 2024, in respect of this Penalty Charge Notice.

Due consideration has been given to the information you have supplied, but it provides insufficient justification for cancelling the Penalty Charge Notice.

The area where you were parked is part of the public highway and is subject to the double yellow line restriction.

Parking on the pavement can cause inconvenience to pedestrians. It can create hazards for visually impaired, disabled and elderly people or those with prams or wheelchairs. It may also cause damage to the kerb, the pavement or services underneath for which the culprit could be held liable. The City Council could also face claims for compensation for injuries received resulting from damaged or defective pavements.

I am therefore unable to cancel the Penalty Charge Notice.

Please make your payment of £70.00, or reduced to £35.00 if paid within 14 days from the date of service of this response


Whilst I understand the above was an Informal Challenge, and the next step would be to appeal the decision, I have given this consideration and feel that the grounds of appeal would be too weak to challenge further. I have decided to pay the PCN. 

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Based on the comments I received on PePiPoo, I am proposing to challenge this PCN based on three grounds:

1) The PCN is defective as Code 01 refers to ‘Parking on single or double yellow lines’, and the car was parked on a grassed area, ‘the green’, away from the road, that does not form part of the road. Therefore it does not constitute as being parked on double yellow lines.

2) The PCN is defective as it fails to include the mandated information in Part 2 Chapter 1 of ‘The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022’.

     3.—(1) A regulation 9 penalty charge notice must include the following information—

          (a) that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

          (b) that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;

          (c) that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

3) For the past 20 years, I have regularly visited the adjacent St Mary’s Bridge Chapel for services, and the adjacent driveway car parking to the side of the Chapel is very limited. Myself, my family, and other patrons regularly use ‘the green’ as an overspill parking. Having enjoyed unhindered use of it for decades, whether it is council owned or not, why has Derby City Council decided to apply this enforcement now?

In view of the above please cancel the PCN.

Is this viable grounds for appeal?

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Hi,

I was posting on PePiPoo, but I understand that this is the replacement forum, so I will post on here instead.

As I have already had some excellent feedback on PePiPoo, I will try to summarise over the next couple of posts where I am with this PCN that I have received to see if there is any viable grounds for appeal.

Both my son and daughter have received a PCN each - code 1 - parking in a restricted area. The tickets were issued by a Civil Enforcement Officer for Derby County Council.

For the past 20 years, I have regularly visited St Mary’s Bridge Chapel for services, and the adjacent driveway car parking to the side of the Chapel is very limited. Myself, my family, and other patrons regularly use the adjacent grassed area, ‘the green’, as overspill parking. Having enjoyed unhindered use of it for decades.

Both my son and daughter had parked on ‘the green’ on that day (I car shared with my son), the double lines on the nearby road which the PCN is for, are continuous, as shown on Google Street View. Having checked the council’s website for PCN photos, they do not appear to offer this facility and it is not hidden behind the pay wall.

Having searched HM Land Registry, there is no information on Bridge Chapel House, as I assume it’s because it’s a 13th century grade Grade I Listed Building owned by the Church of England and the land has never been registered. However, there is an entry for Land Adjoining Bridge Chapel House, owned by Derby City Council, which I paid to view/download the title register and title plan, but this is not the land I was parked on.

I contacted derby cathedral (who manages the chapel) and they have confirmed ‘the green’ is owned by Derby City Council. Whilst I know parking on grass verges can be a contentious issue, they are in support of challenging the PCNs, as we have enjoyed unhindered use of ‘the green’ for decades; and it potentially sets a precedent going forward between Derby City Council and the patrons who attend St Mary’s Bridge Chapel.

Please see attached PCNs, and pics of both cars taken within the hour after the PCNs were issued.

https://drive.google.com/file/d/1eC3nkEDwwTX2DgviHNPea0d2-Vji26Fx/view?usp=drive_link
https://drive.google.com/file/d/1nHdCPH_AMAJDew4YGDP__bPOUWy3cZ4G/view?usp=drive_link
https://drive.google.com/file/d/1VQ8DNzSX4wVBaCg0iDPW_NPmy-KWxTBL/view?usp=drive_link
https://drive.google.com/file/d/1C_oq57C7wcCTPR8r7jey9dJu_oj19cKe/view?usp=drive_link
https://drive.google.com/file/d/1lLpGi8VyRoCD3SZrfIEQImMg_IOzVnW7/view?usp=drive_link
https://drive.google.com/file/d/1uW6DFSDtQ2oZxiNdnvQ3KgDGypJKE6tR/view?usp=drive_link

GSV link as follows:

https://maps.app.goo.gl/zXR94qjuVMYD6Wr86










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