Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - muchveggie

Pages: [1]
1
Thanks for your response Mr Mustard.

If that's what you would recommend, then I'm happy for you to represent me. Would you recommend I write the points you've written above in my Notice to Owner form?

Thanks.

2
Hi Mr Mustard,

I appreciate yourself and everybody else has busy days, I was by no means rushing you or anyone, I was simply wanting to take away the workload and write it myself for it to be checked. Stating that I was travelling, was not a way in making it urgent but an excuse to showing why I had written it so quickly - tone sometimes does not come across in writing. Furthermore, I had only received the notice to owner letter yesterday so I posted it here as soon as I could.


3
I've attached the Notice to Owner.

I'm travelling tomorrow so I'm looking to send the notice to owner today.

What do you think of the following?

I am writing to challenge the alleged PCN based on the grounds that the contravention did not occur. At 19:15 on 20th October 2023, I had
parked my vehicle on the basis that the resident permit restriction was applicable from 8:30am to 6:30pm given that this was the time plate in closer proximity to where I had parked my vehicle. Directly opposite my vehicle, on the other side of the road, the same parking restrictions applied from 8:30am to 6:30pm (please see enclosed evidence). Further than the 8:30am to 6:30pm time plate from my vehicle, there was another time plate with a parking restriction change from 8:30am to 8:30pm, however the changeover of the parking bays indicated by the demarcation lines was covered by another vehicle which was parked at the time I had parked, and there was therefore no way of knowing the separate parking bay was in enforce. The response by Lambeth Parking Services to my initial representation stated "there are demarcation lines separating the parking bays with the accompanied time plate", however this response did not consider the situation I had explained of there being a vehicle covering the demarcation lines separating the bays at the time I had parked.

According to the Traffic Code, where there is a change in parking bays, templates should be side by side, with arrows pointing in the direction of the respective bays being shown, however in this case, the time plates were on two separate poles. Furthermore, the Traffic Code states that signs/time plates should be sited in line with the transverse lines separating individual spaces to emphasise that a particular sign does not apply and in the instance of my case, where a vehicle had covered the demarcation line, there was no way in knowing that a different parking restriction applied - the placement of the time plates completely opposes guidance and laws outlined in the Traffic Code.


I request a review of my appeal on the ground that the separate parking bays were only indicated by the demarcation lines which were concealed at the time by a vehicle and that driver confusion was not minimised as practically as possible by the traffic authority given that the separation of the parking bays was not indicated by time plates being placed where the demarcation lines are nor were they placed side by side as stated in the Traffic Code.


I've also selected the alleged contravention did not occur over the traffic code which is alleged to have been contravened was invalid; would you agree with that?

Thanks very much!

[ Guests cannot view attachments ]

4
Hello,

Just received my Notice to Owner... do your recommend I put down exactly what I put in my initial representation?

5
I got a response back from Lambeth council which I have attached where I don't even think they read what I had written!

Is it worth progressing this further or just paying the PCN?

[ Guests cannot view attachments ]

6
Have you kept a copy and did you get a receipt/acknowledgement?

Yes, I've received the email of acknowledgement! fingers crossed.

My response was:

I am writing to challenge the alleged PCN based on the grounds that the contravention did not occur due to the lack of clear signage differentiating the resident permit parking restrictions. At 19:15 on 20th October 2023, I had
parked my vehicle on the basis that the resident permit restriction was only applicable from 8:30am to 6:30pm - this time plate was in very close proximity (as shown in attachment 3) to where I had parked my vehicle. Directly
opposite my vehicle, on the other side of the road, the same parking restrictions applied from 8:30am to 6:30pm (attachment 2). At an approximately equal distance from my vehicle as the 8:30am to 6:30pm time plate, there was another time plate with a parking restriction change from 8:30am to 8:30pm, however the changeover of this parking restriction was not clearly indicated; at the time I had parked the vehicle, there was an existing vehicle
which was parked, covering the lines separating the road's different parking restrictions, and this therefore was not visible to me at the time. The proximity of the two different time plates is shown in attachment 1.
Given that two different parking bays (one restriction from 8:30am to 6:30pm and the other from 8:30am to 8:30pm) are side by side, two signs side by side, with arrows pointing in the direction of the respective bays should have been, but were not shown. Furthermore, the signs/time plates were not sited in line with the transverse lines separating individual spaces to emphasise that a particular sign does not apply and in the instance of this case, where a vehicle had covered the floor marking, there was no way in knowing that a different
parking restriction applied - this opposes guidance and laws outlined in the Traffic Code.
On the ground of there being a lack of clear signage separating two different parking restrictions with no combined sign at the changeover point as stipulated in the Traffic Code, the PCN contravention did not occur.

7
and that is why you come to FTLA.

This case on Barrie's site is an analagous situation

https://www.appealnow.com/parking-tickets/moses-barnet-parking-tickets/

Thanks Mr Mustard! I have sent my informal challenge citing the traffic code and how it states that two different parking bays should have two signs side by side, with arrows pointing in the direction of the respective bays. As well as the signs/time plates were not sited in line with the transverse lines separating individual spaces to emphasise that a particular sign does not apply.

I'll keep updates on whether this appeal is accepted or rejected.

8
The 28 days is wrongly expressed. The adjudicator agreed with me in case 2230423809 last week. Should be 28 days from date of alleged contravention. For free representation email mrmustard@zoho.com

Thanks for your reply! It says on the PCN '28 days beginning with the date on which this penalty charge notice was served' - isn't that the same as what you state of 28 days from the date of alleged contravention? I don't quite understand what the difference in wording is.

9
I had to go back on GSV to 2018 to find it; the divider between the two bays: -
https://maps.app.goo.gl/E9WT1w2vdJvJ4yoD6
As you can see, it is very worn. This plus the stupid way the signs have been installed gives you a fairly good case to present at the adjudicators. Similare cases have won in the past.

Where there is a situation like this, the two signs should be mounted on a single pole side by side at the dividing line, preferably with arrows to indicate applicability.


Thanks for your response. Would you recommend a specific way for my to write my challenge on this PCN e.g. citing laws etc. ? Any help would be much appreciated!

10
Hello,

Thanks for your response.

Contravention code: 12

GSV location:
https://maps.app.goo.gl/4NJ55eBrRzMjWB3N6













[ Guests cannot view attachments ]

11
Hello,

I was wondering if I could please get advice and guidance on appealing a parking contravention on Rushcroft Road Brixton - Lambeth council for retrospectively parking on residents permit.

I had parked on Rushcroft Road at 19:15 (highlighted in orange on the attached image). Directly on the opposite side of where I had parked, the resident permit was 8:30am to 6:30pm. Slightly ahead of where I had parked (on the right hand side of the attached image circled in green), the sign said resident permit from 8:30am to 8:30pm which I believe is why I had been issued a ticket - but where the confusion lies is that there was another sign, about the same distance behind me (on the left hand side of the attached image circled in green) stipulating resident parking was from 8:30am to 6:30pm.

I was issued the parking ticket at 8:25pm.

There were also no markings on the floor to indicate that this was a new parking zone.

I quickly took a picture of the sign but couldn’t get a picture of my car as I felt the area was unsafe and there was someone who appeared to be following me.

Any help on how I can appeal this would be great.

Thanks very much.

[ Guests cannot view attachments ]

Pages: [1]