any help please..

jodie114

when i rung up to question the ticket initially, on 18/12/08, i was told i had to quickly run something off in writing to freeze the procedure. so i did. i got an e mail back(i did it via e mail) on the 20/01/09, saying unless they hear anything in 10 days, it will default to full value(£120) and recieve an ownership order?(i think thats the thing)

TheBogsDollocks

In your favour thus far is that the sign is illegible, it is meant to be as Neil says to diagram 667. As it is facing parallel to the kerb and has an arrow I assume that there are no bay markings as it is usually only sited parallel with an arrow when this is the case. If no bay markings, then you can use this to your advantage as it was unclear exactly where the exemption applied. Also in your favour is that you are a blue badge holder,councils are advised to be more considerate when assessing blue badge holders.

To be honest footway parking is a hard one to win without a fair bit of effort. I would in your appeal, request a copy of the CEO's log book and all photos taken as you require them to prepare your defence at adjudication should they reject your appeal. This may make them think twice before rejecting and if they do you may find the CEO made errors in his log book such as wrong location, time, vrm, did not note the contravention etc, if so you will have a higher chance of success.

jodie114

thanks, at least thats something new to say. - and yes, no bays marked out, seems the only thing to tell us when it finishes is the invisable sign!

Also, can i ask when i rang redbridge, i was told i could appeal again(this will be classed as my second as i typed a quick note to freeze payment) and if it went to the same people again, it would be at the discounted rate if i still lost, or if i wanted a new dept. to look into it, it would automatically go to the £120 full rate if i lost.

surely thats not fair, they are forcing you to basically re-tell your story to the same people again - what chance have you got that they will change thier mind?

Neil_B

jodie114 wrote: »

Also, can i ask when i rang redbridge, i was told i could appeal again(this will be classed as my second as i typed a quick note to freeze payment) and if it went to the same people again, it would be at the discounted rate if i still lost, or if i wanted a new dept. to look into it, it would automatically go to the £120 full rate if i lost.

surely thats not fair, they are forcing you to basically re-tell your story to the same people again - what chance have you got that they will change thier mind?

LOL. Welcome to the world of challenging PCNs! Yep, that's how it is - and another little tip - never take the Council's word for anything over the phone!

Well Bogs came up with the goods as expected. In particular the angle of the sign which I had wondered about - Bogs explaining that this indicated there were probably no bays marked. Just pointing out though - you never mentioned that???

Back on the sign. you are still miss-describing it and it is important to get the terminology right - for them to understand and hence allow the appeal. It is the sign that indicates the START of the exemption, sign 667. Same effect but better described.

If you had pics of the 667.1 sign too and a nice wide angle shot of the off carriageway area showing no markings - then I would be fairly confident an Adjudicator would find in you favour - whatever the Council say.

Your call though. Never can tell.

jodie114

thanks both of you, i can compose my letter now. ( with added pics if i can get them). So if i quote about the state of the 667 exemption sign, and lack of bays etc thats my best line of arguement.

Neil_B

yep fire it off. You still don't answer all questions though1 what is relevance of 29/1?

also bear in mind that Councils often trip themselves up in response - giving you more ammo. redbridge are pretty tight all round IME though.
-

Neil_B

kelby299 wrote: »

sorry, i thought i did answer that question, first post on this page i think.

Errr confused! presumably you are Jodie? In which case, yes you did, my mistake. Update on outcome.

TheBogsDollocks

Jodie, I advise adopting a firm but polite tone in your letter. Mention that you are a blue badge holder who was attending a medical appointment and that the mitigating circumstances (confusing issue of other vehicles parked on kerb that did not have any PCN's, and considering the lack of signage no bays to help show where parking was permitted) as well as the non compliant sign it is unreasonable to penalise you when they have failed in their statutory duty under regulation 11 of the TSRGD 2002 to maintain the signage to the required standard. Don't forget to request all photos and the CEO's log book to prepare for adjudication should they reject your appeal.

jodie114

Thanks for the advice. It sounds so much better when you can quote something "technical" at them.

With all that i forgot to post the ticket, just in case there was a problem:

jodie114

Got this through e mail this morning - is there any help?
With regard to your letter concerning the above Penalty Charge Notice, I note that appeal to have the charge waived. I have checked the details of the ticket, which states that the vehicle was parked with one or more wheels on a footway.

As stated in your letter, footway parking is permitted, which is correct, except your are not allowed to park as stated in the Highway Code (Rule 243):

• Opposite or within 10 metres (32 feet) or a junction, except in an authorised parking space .

On this basis the ticket must stand and the penalty charge paid. If paid within ten days of the date of this letter then the charge will be at the discount rate of £50.00 Beyond this point the full penalty of £100.00 will be come due.



thanks jodie