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 - Grant Urismo

Pages: [1] 2 3 ... 12
1
I've had a look on GSV. Were you parked  here?

2
But it does not "seem to apply here"! The T-bar at the end of the double yellow lines is where the restriction written on the sign ends. The fact that there is something ridiculous written on the sign does not overrule the meaning of the T-bar.

3
I think the Tennyson road sign is a red herring, the Council haven't brought it up and it doesn't apply to the location where the OP parked because there's a termination bar showing the end of the area it applies to. It may well be a daft/wrong sign, but it's not relevant to this case.

I think a more promising angle is the council's failure to consider and lack of applicable evidence. The rejection contains irrelevant stuff about bays (the OP wasn't in a bay) and makes a claim that "details of event days are displayed on the entry signs to the controlled parking zone", which is unlikely to be true. I'd fight on, making it clear that you require proof that the controlled parking zone sign you passed when entering the zone (is this the huge one in Stamfordman's image?) did have "details of event days" on it when you passed it. I think the Council are unlikely to be able to prove this.

4
Takes screenshots showing the error message, it won't cost you anything and might be vital if you're going to argue your case. For 8 quid though, I'd be inclined to pay and make a complaint asking for the difference to be refunded rather than not paying and going down the route of fighting a potentially much higher penalty.

5
It makes no sense to fold if the discount has been removed. The fine won't go up if you lose (although the council do need to pay a fee for adjudication, so there's a little win there) and of course if you win, you pay nothing.

6
The line that adjudicators seem to take is that you only have to prepare a defence against the specific thing the Council have accused you of. In your case that's being parked illegally in Maples Place at a specific time. You have photographic evidence that proves that your car was elsewhere at the time. If the Council wants to accuse you of something else (for example parking illegally in Cavell St. at that time) they need to follow the correct legal process for doing so, to give you time to prepare a defence against that accusation (which they now can't as they have missed the deadline - among other reasons)

7
Just to save others looking, GSV is out of date here.

The only signage I can see is more of an entry sign than Ts & Cs.

I expect given the presence of a lot of EV chargers in the non-disabled parking area that the council's line will be that this is both a disabled bay AND an EV charging bay.

8
As an EV owner, yes the that type of charger can charge 2 cars.

9
I think the photos show your vehicle straddling the edge of the carriageway, so you are not "...more than 50 cm from the edge of the carriageway..." which is what you're accused of, so the grounds of appeal would be "the alleged contravention did not occur".

It look to me as if the edge of the carriageway is where the tarmac changes texture, and the area where your car is forms part of a dropped kerb to allow access to the garage, which I think doesn't count as a carriageway - but hold off on this as I may be wrong about that.

If all else fails, I think you'll have a good case for compensation against the garage if you do end up forking out £70 at adjudication - which is the most that this could cost you if you follow the process correctly.

10
Don't do anything in a rush, you've got 28 days from the 18th December to respond, so take the time to get all your ducks in a row, and wait for more experienced forum members to chip in before doing anything.

Having said that, I think your list of likely winning arguments is pretty lengthy, and I would be surprised if they don't drop the PCN before an adjudicator gets to see how much of a mess they made.

1) There's no evidence of any actual suspension signs, just an advanced warning notice. The order says it's only valid at "such times then appropriate traffic signs are displayed in accordance with TSRGD 2016(c)", and that "Parking restrictions will apply when the appropriate signs are displayed", so you will put the council to strict proof that such signs were in displayed.

2) The suspension sign says the restriction lasts "until Monday 29th September 8am-4pm". As the observation time was after 8:07-8:19am, the signposted restriction had already ended.

3) The suspension sign contains incomprehensible gibberish.

4) PCN is for the wrong contravention (see page 1 of this thread)

5) Failure to consider (as their claim that the right signs were in place is complete rubbish)

6) You will put the council to strict proof that "Tree works - Green Space, Cleansing and Gristwood and Toms" occurred after 08:07 on that day. They will have difficulty proving this as it's hopelessly garbled.

As you say, the full £160 is in play, and that's the upper limit if you carry on to the tribunal, so it's a no brainer to fight on.

11
The Council needs to officially create a pavement parking restriction (or if it's in London/Scotland, officially remove the default one), and they also need to install and maintain signage and road markings that adequately conveys the official restriction to the motorist.

You can fight and win PCNs if the council messes up either the documentation or signage part, and also (briefly) if there's a reasonable expectation of non-enforcement.

12
Another +1 here

Not just because you'll probably win but also because there's a chance you'd get Mr Stanton-Dunne as the adjudicator, which would be immensely entertaining.

13
If I was the driver, I'd be writing to the Chief Adjudicator and asking for Mr Burke's defamatory statements to be struck from the official record.

14
Agreed. I'd be firing off a subject data access request for all notes about the PCN if I was the OP.

15
Have the council uploaded any evidence?

Pages: [1] 2 3 ... 12