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Parking fine, any ground for appeal?

124

Comments

  • Neil_B
    Neil_B Posts: 1,360 Forumite
    Board guide 'Crabman' may be able to suggest something. Otherwise it is a case of having make 10 posts I believe.

    Just got the Council name for now?
    -
  • Yes Neil, it's Bristol City Council.
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    peeved_off wrote: »
    Yes Neil, it's Bristol City Council.

    Ah, not good.

    Haven't seen any recent ones but last couple a few months ago, PCN was fully compliant I think I recall.

    You said 'yellow lines', was this 01 or 02 - the contravention code.
    -
  • Crabman
    Crabman Posts: 9,936 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 11 April 2009 at 1:34PM
    OK here are your links, I've converted them to 'direct' ones, i.e. they go to the image, without all the adverts from imageshack:

    http://img18.imageshack.us/img18/6879/ticketmiv.jpg

    http://img26.imageshack.us/img26/6220/p1010517r.jpg

    http://img219.imageshack.us/img219/867/p1010518c.jpg

    http://img18.imageshack.us/img18/645/p1010519s.jpg

    http://img16.imageshack.us/img16/5461/p1010520m.jpg

    (btw - you may need to scan and upload the back of the PCN too)

    EDIT - sorry - I didn't realise the back of the ticket is already there!
  • Neil_B wrote: »
    Ah, not good.
    You said 'yellow lines', was this 01 or 02 - the contravention code.
    -

    As can be seen on the PCN it is 01

    The image of the ticket is both the front and back of the PCN. The back is the left hand side and the front is the right hand side.
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    Yeah got the PCN and seen another without the clipping of text in the image. Long 'bus -ticket' type I recall?

    It is so accurate it is annoying, LOL. Almost word for word with statute.

    01 - as it is, should have an obs period. CEO claims one but that would be a good reason to get the CEO notes. It's a long shot but CEOs have been known to be 'elsewhere' during claimed obs periods - i.e. issued a PCN 400m away @ 19.14. (really, it happens).

    Unclear where the DY ends? seem to be remnants of another beyond the drain? Which bit were you on?
    Changing DYs suggests a change in the TRO for the street. 'Bogs' is best to explain the potential of that.

    Overall though, not a lot to work with.

    Bristol take the discretionary 'middle ground' on whether they extend the discount period. As you've explained to me in private, you need to act fairly fast (although, was there an e-mail challenge option?). Reply with new timescale may come when you can't access it - but again, ask for e-mail response?
  • peeved_off
    peeved_off Posts: 10 Forumite
    Neil_B wrote: »
    Yeah got the PCN and seen another without the clipping of text in the image. Long 'bus -ticket' type I recall?

    It is so accurate it is annoying, LOL. Almost word for word with statute.

    01 - as it is, should have an obs period. CEO claims one but that would be a good reason to get the CEO notes. It's a long shot but CEOs have been known to be 'elsewhere' during claimed obs periods - i.e. issued a PCN 400m away @ 19.14. (really, it happens).

    Unclear where the DY ends? seem to be remnants of another beyond the drain? Which bit were you on?
    Changing DYs suggests a change in the TRO for the street. 'Bogs' is best to explain the potential of that.

    Overall though, not a lot to work with.

    Bristol take the discretionary 'middle ground' on whether they extend the discount period. As you've explained to me in private, you need to act fairly fast (although, was there an e-mail challenge option?). Reply with new timescale may come when you can't access it - but again, ask for e-mail response?

    Thank for looking at it Neil. I didn't take any pics when I first got the ticket because i didn't have my phone. Would they have taken pictures of where my car was parked? I was parked on both the lines that can be seen and on the bit that has disappeared over time. It says on the back of the ticket (as can be seen in the pic) that you can challenge the PCN by email. I think I should probably try and submit an appeal by Tuesday even if it's only to extend paying of the fine. Should I just go with the sob story if there is no proper option?
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    It's defiitley a toughie. Not a lot to work with so far. Where Bogs and I mentioned the TRO in various posts earlier - that may hav esome useful info but seems you don't have time to view it.

    As earlier - Bristol DO NOT guarantee to extend the discount - although most do when they take that middle ground.
    I suppose you could submit a kinda challenge on 'I was only a few minutes pls exercise discretion' (no chance) combined with a request for CEO notes, citing some need to clarify events/CEO followed procedure, etc -- and -- a request for a full copy of the relevant TRO because there appears to be an issue with road markings.

    If I can get him over the hols I'll ask Bogs to look in. He is very good with TROs and can tell you what to ask for.
  • I strongly recommend you do as Neil B advises and request a copy of the CEO's log book entry, all photos and a copy of the relevant TRO you are alleged to have breached. Tell the authority you need these to prepare your defence at adjudication and if they do not provide them within a reasonable time you will raise the matter with the adjudicator and demand that they (the council) explain their failure.

    The condition of the yellow line in the spot where you parked is mainly what matters. If you were on the very broken section then that will be in your favour.
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    The condition of the yellow line in the spot where you parked is mainly what matters. If you were on the very broken section then that will be in your favour.

    I think he said earlier it was 50/50.

    Don't mention the Adjudicator yet cos this will only be an informal challenge.

    I'm not feeling confident about this one. There may well be something amiss with those road markings (maybe wrong place, too long, etc) but only the TRO will tell.
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