Parking Fine Appeal?

Almadancer

I'm in the process of writing a letter of appeal on behalf of a friend who has just received a ticket from our local borough council.

She lives in a street which, last week, was closed off to traffic because of 'essential road maintenance works' being carried out for the local borough council.

Residents had been advised, by the council, not to park in the street she lived in so she parked, briefly, in the next one which had restricted parking limited to those with residents' permits for that particular street. My friend left her car to walk back to her flat and, in the meantime, the parking attendant, employed by the council, observed the car for 4 minutes and then issued the ticket.

I feel that, as it was the local BC which required her to move her car from an unrestricted parking area in the first place and that the only possible parking nearby was in restricted street, also under the auspices of the BC, she shouldn't have to pay the fine.

I need some advice on how to construct an appeal letter and an opinion as to whether there is any mileage in appealing on these grounds?

1984ReturnsForReal_2

Whilst I agree with the sentiment I very much doubt your friend will win this one.

When would she feel an appropriate fine was issued?

Would she feel the fine acceptable if she had parked 2,4, or 10 streets away?

Where she parked was her choice, not the BCs'.

If she wants to get out of this one I would suggest getting advice of the technical side & hope that the council have made a mistake on the legalities of issuing.

sarahg1969

OP, read the sticky at the top, then tell us which council, show ALL of the ticket, and all road markings and signs.

Someone will then be along to give you some advice.

Almadancer

The text reads:

Cheltenham Borough Council
The Traffic Management Act 2004 s.78: Civil Enforcement of Parking Contravention (England) General Regulation 2007: Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

Served on 16/02/2009 by civil enforcement officer *** who had reason to believe that the following contravention had occurred and that a penalty charge is now payable:
Parked in a residents' or shared use parking place or zone without clearly displaying either a permit or voucher or pay and display ticket issued for that place

Contravention code 12

Date of Contravention 16/02/2009 Time 12:24
Location: Knapp Road
Vehicle Registration Number *******
Make ****** Colour*****
Tax Disc ********** Expiry ******
Observed from 12:20 To 12:24
Pay & Display Ticket No: Expiry Time

A Penalty Charge of £70:00 is now payable and must be paid not later than the last day of the period of 28 days beginning with the date on which this PCN was served
The penalty charge will be reduced by a discount of 50% to £35.00 if it is paid not later than the last day of the period of 14 days beginning with the date on which this PCN was served.


I have no other details except that she had left her car for a short while before heading off to work. The parking restrictions in the street in which she left her car are clearly marked.

sarahg1969

ALL of the ticket means just that. The back is a important as the front.

As for the restrictions being clearly marked, you are absolutely certain that they follow the correct format and that all road markings are correct too? Unless you are an expert or have dealt with such things before, I suggest you provide some more information so that those who do know can help you.

1984ReturnsForReal_2

I was reading a bit yesterday on the legal mins & maxs sizes of text & icons on street signs yesterday lol

TheBogsDollocks

Many councils provide a minimum 5 minute observation time before a PCN is issued where a vehicle is parked without a valid permit in a resident's parking area. This is to establish whether loading or unloading is occurring as is permitted within the Traffic Regulation Order.

I advise you get confirmation of the councils observation policy prior to the issue of PCN for a code 12 contravention. If their policy is also 5 minutes and they have failed to follow this then you can get the PCN cancelled.

I advise asking for a copy of all photos and the CEO's log book entry as they may contain errors that assist you.

Almadancer

I've asked my friend to supply me with more evidence which I will, no doubt, need further advice about. In the meantime I've tried to establish the Council regulations ref observation time and got absolutely nowhere. I've told my friend to register her objection via email today as it's the last day for her to object without the fine increasing. Thank you to everyone who has given me advice so far. It's very much appreciated.

Neil_B

Almadancer wrote: »

I've told my friend to register her objection via email today as it's the last day for her to object without the fine increasing.

??? Wow, what school did you go to? - or is it 1st March already?

Pics of signage and the bay - wide angle shot showing the ends as well, will help.
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On the original idea for appeal - not a chance IMO,
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on the PCN - as Sarah said, ALL of it please.
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Almadancer

Oops. I got my dates in a twist. Thank you for pointing out my mistake Neil B.