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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Southend on sea. 64- Parking on grass verge.
« on: November 27, 2023, 08:55:11 pm »
Let’s go for it! Happy for you to represent me. Is there a cost?
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Southend on sea. 64- Parking on grass verge.
« on: November 27, 2023, 07:02:45 pm »
Hi all,
Update on appeal:
I recieved my notice to owner and made a representation. Unsurprisingly it was rejected. I have attached my notice of rejection and my representation. Please let me know if i should resubmit the same to the tribunal or add.
Few points i took away from the rejection. 1 is it normal to reapply the discount period? admission of guilt in the hope i would pay? 2 - Did not address the poor sign conditions. Failed to comment on any of my photos. 3 although they comment a post was 10 meters away from my car, on the photo i sent of my drivers view, you can not see it as it blends into the tree trunk, and like i said i did not pass it. 4 - No comments to the points made about the essex act legal requirements
Please let me know your thoughts, thank you
Representation:
"I believe the penalty is unjust, and I kindly request a thorough review based on inadequate signage and a lack of proper notice.
Upon entering Marine Avenue from Ronald Hill Grove, I parked approximately a quarter into the road outside number 53. At this point, I had not passed any signs advising me of any parking restrictions. I walked back towards Ronald Hill Grove to Westleigh School without encountering any signage that would indicate parking restrictions. It was only upon returning to my car 30 minutes later that I discovered the PCN.
During my inspection of the road afterwards, I observed that the signs indicating parking restrictions began halfway down the road. Furthermore, several signs in the road were defaced and unreadable. Google street view shows these signs in the same defaced state two years ago, which demonstrates a consistent lack of upkeep and a failure to ensure the signs are clear. As per my understanding of the Essex Act, there were no signs upon entry to the road advising of any restrictions in place. I have attached photos as evidence to support these claims.
In accordance with the Essex Act 1987, I would like to draw your attention to the following points:
Section 6(6) states that a person who contravenes a notice displayed under this section shall be guilty of an offence.
The Act defines 'notice' for the purposes of 6(6) as a traffic sign (Section 5(5)).
Section 2 (Interpretation) defines a 'traffic sign' as having the meaning given by Section 64 of the Road Traffic Regulation Act.
The relevant authority (Secretary of State) has made regulations under the Traffic Signs Regulations and General Directions, 2016, under which the only traffic sign permitted to convey the prohibition in the Essex Act is a circular sign with a red border incorporating the black image of a vehicle on a white background.
The only sign in the vicinity of the location is shown in the enclosed photo. It does not meet the criteria of a 'Traffic Sign' as defined, and therefore, it is not a 'notice' as required. Consequently, the council has failed to sign the prohibition lawfully, and I believe the penalty charge should be revoked.
Photo appendix:
Photo 1 – Entrance to Marine Avenue that I used. This photo shows there are no signs to indicate any restrictions on grass verges.
Photo 2 – This photo shows another angle of the entrance to Marine Avenue, again there are no signs to indicate any restrictions on grass verges.
Photo 3 – This photo shows my view/driver's view going down the road where I parked on the right at the telegraph pole, again no visible signs to indicate any restrictions on grass verges.
Photo 4 & 5– This photo shows a signs further down the road that I did not pass. These signs has been completely defaced and is unreadable.
In light of the inadequate signage and the council's failure to comply with legal requirements, the penalty charge should be revoked"
Photo of my drivers view: https://i.postimg.cc/RCG1qCrx/Photo-3.jpg
Notice of rejection 1:
Update on appeal:
I recieved my notice to owner and made a representation. Unsurprisingly it was rejected. I have attached my notice of rejection and my representation. Please let me know if i should resubmit the same to the tribunal or add.
Few points i took away from the rejection. 1 is it normal to reapply the discount period? admission of guilt in the hope i would pay? 2 - Did not address the poor sign conditions. Failed to comment on any of my photos. 3 although they comment a post was 10 meters away from my car, on the photo i sent of my drivers view, you can not see it as it blends into the tree trunk, and like i said i did not pass it. 4 - No comments to the points made about the essex act legal requirements
Please let me know your thoughts, thank you
Representation:
"I believe the penalty is unjust, and I kindly request a thorough review based on inadequate signage and a lack of proper notice.
Upon entering Marine Avenue from Ronald Hill Grove, I parked approximately a quarter into the road outside number 53. At this point, I had not passed any signs advising me of any parking restrictions. I walked back towards Ronald Hill Grove to Westleigh School without encountering any signage that would indicate parking restrictions. It was only upon returning to my car 30 minutes later that I discovered the PCN.
During my inspection of the road afterwards, I observed that the signs indicating parking restrictions began halfway down the road. Furthermore, several signs in the road were defaced and unreadable. Google street view shows these signs in the same defaced state two years ago, which demonstrates a consistent lack of upkeep and a failure to ensure the signs are clear. As per my understanding of the Essex Act, there were no signs upon entry to the road advising of any restrictions in place. I have attached photos as evidence to support these claims.
In accordance with the Essex Act 1987, I would like to draw your attention to the following points:
Section 6(6) states that a person who contravenes a notice displayed under this section shall be guilty of an offence.
The Act defines 'notice' for the purposes of 6(6) as a traffic sign (Section 5(5)).
Section 2 (Interpretation) defines a 'traffic sign' as having the meaning given by Section 64 of the Road Traffic Regulation Act.
The relevant authority (Secretary of State) has made regulations under the Traffic Signs Regulations and General Directions, 2016, under which the only traffic sign permitted to convey the prohibition in the Essex Act is a circular sign with a red border incorporating the black image of a vehicle on a white background.
The only sign in the vicinity of the location is shown in the enclosed photo. It does not meet the criteria of a 'Traffic Sign' as defined, and therefore, it is not a 'notice' as required. Consequently, the council has failed to sign the prohibition lawfully, and I believe the penalty charge should be revoked.
Photo appendix:
Photo 1 – Entrance to Marine Avenue that I used. This photo shows there are no signs to indicate any restrictions on grass verges.
Photo 2 – This photo shows another angle of the entrance to Marine Avenue, again there are no signs to indicate any restrictions on grass verges.
Photo 3 – This photo shows my view/driver's view going down the road where I parked on the right at the telegraph pole, again no visible signs to indicate any restrictions on grass verges.
Photo 4 & 5– This photo shows a signs further down the road that I did not pass. These signs has been completely defaced and is unreadable.
In light of the inadequate signage and the council's failure to comply with legal requirements, the penalty charge should be revoked"
Photo of my drivers view: https://i.postimg.cc/RCG1qCrx/Photo-3.jpg
Notice of rejection 1:
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Southend on sea. 64- Parking on grass verge.
« on: November 16, 2023, 07:26:06 pm »
Thank you. I am just preparing my challenge as the notice to owner would be due after today. I’m just having a look at the traffic act at the points raised just so I know where they are for my own reference.
I can’t see to find “ Note that it's 6(6) which provides that:
(6) A person who contravenes .....a notice displayed under this section [6] shall be guilty of an offence”
Am I reading the document wrong?
I can’t see to find “ Note that it's 6(6) which provides that:
(6) A person who contravenes .....a notice displayed under this section [6] shall be guilty of an offence”
Am I reading the document wrong?
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Southend on sea. 64- Parking on grass verge.
« on: November 13, 2023, 03:48:21 pm »
Here is the PCN in full.
Still not paid as I believe I have a case with the help from everyone on here
[ Guests cannot view attachments ]
Still not paid as I believe I have a case with the help from everyone on here
[ Guests cannot view attachments ]
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Southend on sea. 64- Parking on grass verge.
« on: November 01, 2023, 09:32:28 am »
I recon i may appeal this then. If i go to the tribunal i wont get a CCJ or anything will I?
Also will i need to appear in person or have a telephone conversation?
Also will i need to appear in person or have a telephone conversation?
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Southend on sea. 64- Parking on grass verge.
« on: October 31, 2023, 03:01:20 pm »7
Civil penalty charge notices (Councils, TFL and so on) / PCN - Southend on sea. 64- Parking on grass verge.
« on: October 31, 2023, 01:42:54 pm »
Hello all,
I am hoping you can steer me in the right direction on a recent PCN i recieved for parking on a grass verge. I did not see any signs warning me of this and on inspection of the road after the ticket, i noticed a lack in signage and even a compleatly defaced sign.
I have appealed informally within the 14 day 50% discount but this was rejected without even taking my points into consideration or providing any explaination.
The ticket was issued in Marine Avenue in Leigh on sea. I pulled into this road from Ronald Hill Grove and parked outside number 53 as seen here: https://maps.app.goo.gl/gLBzN6JmJRt4ZwAZ7 I then walked back up towards Ronald Hill grove.
I did not pass any signs to warn me of the restriction. No sign on entry, and the first sign is further down the road which i did not pass. If you look on google maps you can see one sign is also defaced 2 years ago and still like that now!
I have looked at other roads that have grass verge restrictions and there are signs as you enter or on the first verge you pass.
Is there any regualtion on how close a sign needs to be on the enterance to the road?
my PCN is here: https://postimg.cc/n9xHfbBN
PCN OS13882827
My appeal read as:
"On the day in question, I entered Marine Avenue from Ronald Hill Grove and parked my vehicle outside of number 53. During my journey into Marine Avenue, I did not encounter any signs that informed me of any parking restrictions on the grass verges. Additionally, there were no signs on the grass verges themselves up to the point where I parked. This lack of visible signage gave me no reason to believe that I was in violation of any parking regulations.
I also want to emphasize that, as I left my vehicle and walked back up to Ronald Hill Grove, I did not come across any signs that would have alerted me to the parking restrictions in place. The photo of the sign that was taken as part of the ticket clearly shows a sign further down the road, which I did not see at the time of parking.
In light of my appeal, I took it upon myself to inspect the area after receiving the ticket. To my surprise, I discovered that one of the signs was vandalized and, as a result, completely unreadable. This further adds to the confusion and lack of clarity regarding the parking restrictions in the area.
To support my appeal, I have attached a photo from Google Maps that was taken approximately two years ago. This image clearly shows the absence of any visible signs on the grass verges, corroborating my assertion that the signage in the area is unclear and insufficient to inform drivers of parking restrictions.
I am hoping you can steer me in the right direction on a recent PCN i recieved for parking on a grass verge. I did not see any signs warning me of this and on inspection of the road after the ticket, i noticed a lack in signage and even a compleatly defaced sign.
I have appealed informally within the 14 day 50% discount but this was rejected without even taking my points into consideration or providing any explaination.
The ticket was issued in Marine Avenue in Leigh on sea. I pulled into this road from Ronald Hill Grove and parked outside number 53 as seen here: https://maps.app.goo.gl/gLBzN6JmJRt4ZwAZ7 I then walked back up towards Ronald Hill grove.
I did not pass any signs to warn me of the restriction. No sign on entry, and the first sign is further down the road which i did not pass. If you look on google maps you can see one sign is also defaced 2 years ago and still like that now!
I have looked at other roads that have grass verge restrictions and there are signs as you enter or on the first verge you pass.
Is there any regualtion on how close a sign needs to be on the enterance to the road?
my PCN is here: https://postimg.cc/n9xHfbBN
PCN OS13882827
My appeal read as:
"On the day in question, I entered Marine Avenue from Ronald Hill Grove and parked my vehicle outside of number 53. During my journey into Marine Avenue, I did not encounter any signs that informed me of any parking restrictions on the grass verges. Additionally, there were no signs on the grass verges themselves up to the point where I parked. This lack of visible signage gave me no reason to believe that I was in violation of any parking regulations.
I also want to emphasize that, as I left my vehicle and walked back up to Ronald Hill Grove, I did not come across any signs that would have alerted me to the parking restrictions in place. The photo of the sign that was taken as part of the ticket clearly shows a sign further down the road, which I did not see at the time of parking.
In light of my appeal, I took it upon myself to inspect the area after receiving the ticket. To my surprise, I discovered that one of the signs was vandalized and, as a result, completely unreadable. This further adds to the confusion and lack of clarity regarding the parking restrictions in the area.
To support my appeal, I have attached a photo from Google Maps that was taken approximately two years ago. This image clearly shows the absence of any visible signs on the grass verges, corroborating my assertion that the signage in the area is unclear and insufficient to inform drivers of parking restrictions.
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