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Civil penalty charge notices (Councils, TFL and so on) / Re: City of London: Contravention 62, parked with 1 or more wheels over a footpath or part of a road other than carriage
« on: November 16, 2023, 10:06:33 am »
Morning,
I was about to finally send it off as I have a quiet 30 minutes, but thankfully checked the forums and noted your comment.
So far my letter looks as per the below. My knowledge of this area is minimal, as such I was wondering if you could advise me what I need to add in terms of the PCN mentioning two difference contraventions and also in terms of the payment periods? IS what I have not enough to get it set aside you think?
Dear Sirs,
I write to challenge PCN CL01390216 on the basis that there are no explicit visible signs at or near to Change Alley prohibiting the parking of motorcycles or motor scooters at the site. While the location is ordinarily used for the parking of bicycles, given the bank of bicycle racks / stands, other motorbikes and motor scooters frequently park at this particular spot (photograph attached as an example, showing the parking of various motor scooters on a different day). As such, it would reasonably appear to some vehicle owners that this area is shared parking for both bicycles and motorcycles / motor scooters, which, are not much bigger in length than an ordinary pedal bicycle. Since this motorcycle parking has become customary I would contend that a legitimate expectation has been established.
As part of my challenge, I draw your attention to an analogous case where the owner of a motor scooter parked other than on a carriageway successfully challenged a PCN on the basis that there was no signage present which expressly forbid the parking of motor scooters or motorcycles in the same spot as bicycles (London tribunals case reference 2190123635, as at https://londontribunals.org.uk/ ). In that particular case, the adjudicator, Mr Anthony Chan, stated that “…either the Appellant's motor scooter and the pedal cycles in the parking place are all in contravention, or there was no contravention at all. I would think that the Authority can resolve the problem by deciding as a matter of policy that pedal cycles parking at the location will not be penalised. This will mean that there should be a sign indicating cycles only to avoid any confusion. I allow the appeal.”
In addition, I also submit that, since bicycles are implicitly allowed to park at the site, according to my V5C registration document, my vehicle is classed as a bicycle and therefore, if bicycles are allowed to park at this location, my vehicle should not be unfairly penalised and hence no contravention has actually occurred.
Yours sincerely,
I was about to finally send it off as I have a quiet 30 minutes, but thankfully checked the forums and noted your comment.
So far my letter looks as per the below. My knowledge of this area is minimal, as such I was wondering if you could advise me what I need to add in terms of the PCN mentioning two difference contraventions and also in terms of the payment periods? IS what I have not enough to get it set aside you think?
Dear Sirs,
I write to challenge PCN CL01390216 on the basis that there are no explicit visible signs at or near to Change Alley prohibiting the parking of motorcycles or motor scooters at the site. While the location is ordinarily used for the parking of bicycles, given the bank of bicycle racks / stands, other motorbikes and motor scooters frequently park at this particular spot (photograph attached as an example, showing the parking of various motor scooters on a different day). As such, it would reasonably appear to some vehicle owners that this area is shared parking for both bicycles and motorcycles / motor scooters, which, are not much bigger in length than an ordinary pedal bicycle. Since this motorcycle parking has become customary I would contend that a legitimate expectation has been established.
As part of my challenge, I draw your attention to an analogous case where the owner of a motor scooter parked other than on a carriageway successfully challenged a PCN on the basis that there was no signage present which expressly forbid the parking of motor scooters or motorcycles in the same spot as bicycles (London tribunals case reference 2190123635, as at https://londontribunals.org.uk/ ). In that particular case, the adjudicator, Mr Anthony Chan, stated that “…either the Appellant's motor scooter and the pedal cycles in the parking place are all in contravention, or there was no contravention at all. I would think that the Authority can resolve the problem by deciding as a matter of policy that pedal cycles parking at the location will not be penalised. This will mean that there should be a sign indicating cycles only to avoid any confusion. I allow the appeal.”
In addition, I also submit that, since bicycles are implicitly allowed to park at the site, according to my V5C registration document, my vehicle is classed as a bicycle and therefore, if bicycles are allowed to park at this location, my vehicle should not be unfairly penalised and hence no contravention has actually occurred.
Yours sincerely,
