Incorrect reason on PCN

ginntonique

Hi,

I have received a parking fine when staying with a friend. The street is restricted to residents overnight, however I displayed a correct visitors permit every day I was staying there. I received a fine, which states the fine was due to 'parking in a restricted area during perscribed hours'.

I therefore went for the first stage of appeal, based on the fact I had displayed a visitors permit each stage.

The council (Reading) has now responded stating I was also parked on a yellow line (evidenced by the parking wardens statement, which I have not seen), and that a visitors permit does not exempt this. I cannot remember if I was parked on a yellow line (this is possible, as all residents park there - it is a dead end double yellowed as a turning point, where it is not possible to turn). However, I believe since the reason they gave was due to parking in a restricted area, I may also be able to appeal based on the notice to owner being incorrect?

Had I known it was due to the double yellows, rather than the permit, I would have paid it outright.

Conor_3

Yellow lines are also covered by "parking in a restricted area during prescribed hours" as they can have varying hours of enforcement depending on additional marking.

peter_the_piper

Afaik they cannot change the type of contravention on the ticket, its either the resident permit or nothing. I expect NeilB will be on here soon to confirm.

Neil_B

I suspect the OP might be reading something into this that isn't there.

Are you sure it doesn't say 01 Parked in a restricted street --- ?

That would be the standard yellow line contravention and the permit becomes irrelevant.
Surprised they have no pics and relying only on CEO's notes. maybe you should ask for them and see exactly where he says you were.

PCN itself may not be compliant but a little vague memory tells me Reading are ok.
If you really wanted to push it you could go and check that the Traffic Regulation Order is fully compliant and confirms the restriction in the exact location - or not.

ginntonique

Apologies, exact wording was 'Parked in a restricted street during prescribed hours'. Which I assumed referred to the permit not being visible, rather than the double yellows (especially since people with residents permits are not hassled while parking there). Obviously wrong there.

They have pics (I can view them on the Reading web site), but were taken at 7:20am, and it's too dark to make out the double yellow lines on any of them. Most of them are also of the car windscreen/dash, which is why I assumed they were questioning the permit.

I know the traffic regulation order is fully compliant, however given you can't make out the double yellows at all in the photos, is it worth pursuing?

Neil_B

If you were on the yellow lines then, unfortunately no. I can't see any grounds you could use. They have the CEO's notes and pics help but are not Statutory.

If the PCN says that they will 'definitely' extend the discount period then you could always try a 'Sorry guv it was an honest mistake - and as you can see from your own pics the yellow lines are hard to see in darkness' - BUT, you would be pushing it. Be careful especially if they only say they will 'generally' extend the discount period.

TheBogsDollocks

ginntonique wrote: »

I know the traffic regulation order is fully compliant.

How do you know the TRO is fully compliant? Not a trick question but just want to be sure because many TRO's and PPO's have not been amended to include the introduction of the TMA 2004. For example the TRO may refer to Parking Attendants rather than Civil Enforcement Officers.

All PCN's are worth persuing in an appeal because errors are made and you have nothing to lose. I advise getting hold of the CEO's log book entry to ensure they have made a correct record of the situation. The hand held computer is not an approved device and so any discrepency between the PCN and log book is enough to cast doubt on the accuracy of the PCN, particularly at adjudication.

Did your PCN give any observation time? Most councils give a 5 minute observation period before issuing a PCN to establish whether loading or unloading is taking place. If they failed to do this and their policy is to then it is enough to cancel the PCN.