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Advice RE: Penalty Charge Notice

Hi All, I dislike being ripped off as much as you, so in my time of need I have looked to Martins' like minded community, hope you can help.

Have received a penalty charge notice, "vehicle observed with one or more wheels parked on kerb" This is true but when I looked at the kerb to see why I had overlooked it/been careless, I noticed the kerb was almost buried in the grass verge, so was not easily identifiable as a kerb. I know I am clutching at straws but feel there may be a legal angle I could use here.

Any pointers or help would be much appreciated. Thanks for your time, Stew2.

Comments

  • Little_John
    Little_John Posts: 4,033 Forumite
    You were caught in breach of a law of the road pay the fine. The fact you couldnt see the kerb shouldn't matter you should have felt the kerb as you went up it.
  • Stew2
    Stew2 Posts: 4 Newbie
    Thanks for speedy reply Little John.

    It would have been very difficult to feel the kerb as I was driving a large van and the kerb was about an inch higher than the highway. As previuosly mentioned, the kerb was hardly visible as it was in a poor state of repair.

    If I could prove somehow that the highways agency (or whoever) are at fault I may have a chance of avoiding the charge.

    I am grown up enough to take my mistakes on the chin and pay up if I have to but feel these set of circumstances are slightly different.

    Thanks once again for your input,

    Stew2
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    take pictures and appeal
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Thanks Annie, that's what I was going to do.

    Was trying to find some kind of legal info to educate myself with so when I write I will get taken more seriously than if they just think it's a typical 'trying it on-seen it all before type of letter'

    Thanks for reply, Stew2
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Also try pepipoo.com forums
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Stew2 wrote: »
    Thanks for speedy reply Little John.

    It would have been very difficult to feel the kerb as I was driving a large van and the kerb was about an inch higher than the highway.

    What utter rubbish. I drive a 44 tonne artic which I can guarantee is a damned sight bigger than your van yet I know when I'm on the kerb or not.
  • Pssst
    Pssst Posts: 4,803 Forumite
    Part of the Furniture 1,000 Posts
    Stew-what you would be looking for is some kind of regulations of standards relating to highway maintenance. Post a picture and we shall pass judgement. It doesnt sound too hopefull to me though. Can you pay the PCN early at a reduced rate? Are there any significant grounds for appeal detailed on it?
  • Stew2
    Stew2 Posts: 4 Newbie
    Thanks to all who took time to post, it's very much appreciated.

    Will be checking out pepipoo, looks good at first glance, thanks for heads up.

    Will let you know how it turns out. Thanks again, Stew2
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