#8 Re: PCN - Loading Bay - Code 25 - Bradford
on 22 Jul, 2024 08:45 in Civil penalty charge notices (Councils, TFL and so on)
Parking ServicesCity of Bradford Metropolitan District CouncilSubject: Appeal Against PCN No. [PCN Number] and Notice to Owner (NTO)Dear Sir/Madam,I am writing to formally contest the Penalty Charge Notice (PCN) number [PCN Number] issued to my vehicle, registration number [Vehicle Registration Number], on [Date of Incident] at [Location]. I also wish to address an issue with the Notice to Owner (NTO) that I received.Contravention Description Discrepancy: Both the PCN and the NTO provide the contravention description as:"Parked in a loading place during restricted hours without loading."However, according to the 2022 Charges Regulations and Annex B to the Secretary of State's Statutory Guidance, the mandated contravention description is:"Parked in a loading place or bay during restricted hours without loading."The authority is obligated to use the exact wording as mandated. The unilateral decision to deviate from the prescribed description constitutes a procedural impropriety. As the issuing authority, you must adhere to the statutory requirements, and any deviation from this constitutes grounds for cancellation of the PCN.In light of this discrepancy, I request that you provide an explanation for the departure from the mandated contravention description. Failing to do so and maintaining the issuance of the PCN under incorrect procedural grounds would be unjust.Additional Mitigating Circumstances: In addition to the procedural impropriety mentioned above, I would like to reiterate the following mitigating circumstances that I have previously outlined:1. Purpose of Visit: That day, I went to a visa office on that street to submit some important documents that were required by the visa office. I had an appointment which I wanted to make in time. Before I parked, a driving instructors’ car was parked there. I waited for him to leave, as he indicated that he was leaving, before I parked my car there, believing it was a normal parking space similar to the other marked areas. I ensured that I skipped the yellow marked area for disabled parking and loading bay (I thought they were the same). The necessity and urgency of this appointment required my presence, and I made every effort to comply with parking regulations by purchasing a valid ticket, and following the road markings.2. Ambiguity in Signage and Road Markings: This was my 2nd visit only on that street and on first visit, I parked, paid for ticket, displayed it and picked my car after my appointment was finished. This time I did exactly the same. I did not even give it a second thought, as I checked the markings and a car was parked already there, and similar looking signs. The signage and road markings at the location were confusing and not distinctly clear. This led me to reasonably believe that the area was a permitted parking space.3. Genuine Mistake: I made an honest mistake in interpreting the signs and markings. To comply with parking regulations, I purchased a valid parking ticket (receipt attached) and displayed it prominently in my car for the entire duration of my stay.4. Observed Prior Parking Behaviour: Before parking, I noticed another vehicle parked in the same spot. This further reinforced my belief that it was a legal parking space, contributing to my belief that it was permissible to park there (same as on the other side of the road, where I parked two weeks ago). I waited for the vehicle to leave and then parked in good faith.5. Lack of Clear Distinction: The lack of a clear distinction between the loading bay and the pay-and-display parking area significantly contributed to my confusion. I strongly urge the council to consider improving the clarity of the signage and road markings to prevent future misunderstandings for other motorists.6. First-Time Offense: I believed at the time of parking, that I was being a responsible citizen, adhering to the rules of the council, and paid correct parking charges, and displayed my ticket, as I always do. This is my first parking offense, and I have always adhered to parking regulations in the past. I assure you that I have learned from this experience and will be more vigilant in the future.Request for Cancellation: In light of the procedural impropriety and the additional mitigating circumstances, I kindly request the council to exercise discretion and consider cancelling the PCN. I have demonstrated my intention to comply with parking rules and have provided evidence of my genuine mistake.Thank you for considering my appeal. I look forward to your favourable response.Yours faithfully,