Hello
Seeking further advice after reading forum posts here and on MSE.
I received a PCN for parking on Jasmine Way in Bilton, Rugby which I am NOW aware is private land. This road only has residential homes.
I say "now aware" because I have parked up on this road many times in the past, to visit the Post Office around the corner, never staying any longer than 5 minutes. The road name signs do say Private Land. For this first one, the car was also parked on double yellows.
There are NEW signs warning drivers not to park for any amount of time or they will be fined. There is no information about the landowner, only NPM details.
I am going to receive a second PCN, as the driver of the vehicle subsequently parked there a week later to again attend the post office. It wasn't until leaving the second time that the driver noticed the new no parking signs. The second PCN has not come through yet, likely due to seasonal postage delays, but as there is no grace period allowed for the parking, it is almost certainly due to arrive at any moment. The second time, the car was NOT parked on double yellows.
The first stay is clocked in at about 22 minutes, this was due to hold ups at the post office. This is an abnormal stay time for the driver. The second stay will be a little over 10 minutes, again due to longer queues at the post office.
The PCN is for £100 or £60 if paid early, so combining with the second PCN due to arrive, there is a total cost of £120 or £200 if not paid within the "discount" period. All for a total of about 30 minutes parking.
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I've already appealed the first PCN, following the guidance from MSE forums; naturally, this was rejected by NPM.
I'm now stuck with how to proceed. Despite the MSE forums claims that c99% of claims are thrown out, I have doubts I would be successful at county court.
My argument would be that it is unfair (again referencing one of the "reasons" that MSE posts say PCNs can be fought with);
1. Very recent changes that the driver genuinely was unaware of, as they had parked there many times in the past
2. Extortionate charges for the amount of time the car was parked, as well as not blocking any residents or other cars, vans etc
3. The area is notorious for having no areas to park. There is a little Tesco further up the road which at the time its car park was completely full. There are parking bays across the road from Jasmine Way in front of a pharmacy, which are also full almost all of the time. There is a Co-Op further down the road which is busy too, though it was not checked on these occasions whether there were spaces. The driver would have had no other option to park in other areas that were within an appropriate distance.
Do I have any leg to stand on? I simply cannot afford to pay one, let alone both of these PCNs, hence why I'm fighting this, but I don't see the court going in my favour given the few signs that are now in place and the driver just did not notice.
~A
