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Messages - BusterKerouac96

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN while in a parking space
« on: November 07, 2023, 07:40:05 am »
Just to let you know that Trafford MBC have now withdrawn the PCN following my appeal.
Thank you all for your help, once again!

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN while in a parking space
« on: October 22, 2023, 09:47:45 pm »
Great, thanks.
Just one other thing - I am now self-employed and know from bitter experience just how time-consuming it can be to take a case to a parking tribunal. I know parking tribunals rarely award costs, but wondered whether it is worth establishing from the outset that I want to charge for my time, as it would eat into my hours of employment.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN while in a parking space
« on: October 22, 2023, 09:26:02 pm »
I knocked this draft out for your perusal:
Here is my draft:
I wish to appeal this PCN on the basis that I fully believed I was in a designated, and clearly delineated parking space.
I have been parking in the car parking spaces on Elevator Road for over a year, and those spaces have been marked for at least 15 years, as evidenced by Google Street View from 2008.
I have always considered these spaces to be legitimate parking spaces, delineated by a painted broken line, as can clearly be seen in the photos you have submitted as evidence.
The extension of the double yellow lines on this road appeared around three weeks ago, and extend so far as to run alongside the last of the parking spaces on this row, in which I parked on the day in question.
I noticed the double yellow lines, but thought that the fact the parking space was still clearly marked, and had not been erased, meant it was still a legitimate space. I would not have parked there otherwise.
I refer you to LATOR 18 (1 c) which states “in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.”

Further to this, I refer you to the Road Traffic Regulations Act of 1984 which states: “(1)In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
(a)specified by regulations made by the relevant authority, or
(b)authorised by the relevant authority,
and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.”

Given this, it was incumbent on Trafford MBC to ensure that the delineated parking space was erased at the same time as the double yellow lines were marked to, as LATOR states “avoid confusion”.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN while in a parking space
« on: October 22, 2023, 08:54:23 pm »
Thanks for this. I won a previous tribunal as the council had not removed the markings delineating car parking bays after they had changed the bay to a coach parking bay, on this very basis.
I’ll draft something up asap and stick it on here for your perusal.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN while in a parking space
« on: October 21, 2023, 12:20:21 pm »
Thanks for that.
There were no more pages - just the notes on the back of the ticket, as attached

[ Guests cannot view attachments ]

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN while in a parking space
« on: October 20, 2023, 08:47:30 pm »
But surely if the council has designated that as a parking space, they have sent out conflicting messages. Until now, I thought double yellow lines applied only to the road - although I realise that if this had been a normal pedestrian pavement, it would be unacceptable to park there.
When I won at a tribunal a few years ago, I won on the basis that, although I was parked in a bay intended only for coaches visiting a nearby museum, the fact that the council had not erased the old car parking delineation had meant it was not clear.
This, to me, is equally conflicted. They should have erased the parking space markings, surely?

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Civil penalty charge notices (Councils, TFL and so on) / PCN while in a parking space
« on: October 20, 2023, 07:36:34 pm »
Hello
You helped me successfully fight a PCN at tribunal a few years ago and I need your help again, please!

I was today given a PCN, code 01, for parking “on a restricted street during prescribed hours”, whilst in what I took to be a roadside parking bay on Elevator Road, Stretford, issued by Trafford MBC.
PCN here: https://www.flickr.com/photos/199369611@N07/53272620708/in/dateposted-public/

This is a road in an industrial area where a few weeks ago fresh double yellow lines were added to further restrict on-road parking.
For about a year I have been parking in apparent parking spaces delineated by broken lines painted on the “pavement” (see photos).
The new double yellow lines are not adjacent to the parking spaces, other than the last one on the row, in which I parked, as in the photos here
https://www.flickr.com/photos/199369611@N07/53271444812/in/dateposted-public/
https://www.flickr.com/photos/199369611@N07/53272337536/in/dateposted-public/
https://www.flickr.com/photos/199369611@N07/53272620828/in/dateposted-public/

The problem is that I can’t be sure that it was Trafford MBC who marked out the parking spaces.
If they have, they have no case as I was parking in a space designated by them
I can’t imagine anyone else taking the time and expense to mark out parking spaces, but if they deny responsibility I wonder whether they have the responsibility for markings made by others on their highways. The spaces have been marked for at least a year, the time in which I have been parking there.
None of the other cars in the parking spaces had tickets, which indicates they were deemed to be legally parked despite being on the “pavement”.
Here’s the Google map link, on which you can clearly see the parking spaces marked
https://maps.app.goo.gl/QMdFQ2WEteRgkKjW7?g_st=ic


Forgive me if I have done this wrong, I’ve never used Flickr before

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