Council penalty charge notice.

jameshbk

Hi Guys,

Looking for some advice on if an appeal would be successful or not.

My friend has a flat in Ramsgate, which has designated parking spaces for residents. Clearly states that permits must be shown to park there.... fair enough.

He was quite ill today so I said I would take him home from work, which I did and I parked in the designated bay for his flat leaving a note on the dash saying I was visiting flat 2. His girlfriend usually parks in this space but she was still at work. She does NOT have a permit and her estate agent and landlord have said they would not need one. I stayed with my friend for about an hour and a half as I was waiting for the doctor to come out to him. Return to the car and get a penalty charge from Thanet disctrict council.

Now, I understand that I was a car, parked in a residents bay without a permit and only a hand written note which, as far as a warden is concerned, is not solid enough proof. I was just wondering if details from my friend, who's space it technically is would allow me to appeal the decision? Surely the parking charges are in force so the residents of those flats are not left without a space, but I was authorised by the person who rents the space.

This is a specificly designated spot as well I want to add, not just a car park that is there for the residents.

Appologies if further information is needed.
Thanks in advance
James

jameshbk

Sorry would like to add, no other cars in this place had resident permits, and no other car had a PCN!

Orford

Just to be clear is this a PCN issued by the council or a 'ticket' issued by a private parking company

jameshbk

sorry, PCN from the council. I would just ignore any private firm.

Orford

Are you positive? The reason i'm double checking is that you say:

I parked in the designated bay for his flat

Normally residents parking zones run by councils do not have allocated bays

She does NOT have a permit and her estate agent and landlord have said they would not need one.

Again if this is council agent and landlord would have no say in the matter

I was just wondering if details from my friend, who's space it technically is

Then it's private land and council have no juristiction over it

I was authorised by the person who rents the space.

Rents from whom. I have never heard of councils renting a specific parking space.

You need to post a scan of the ticket both sides (minus reg no etc)

jameshbk

Positive that its a council parking ticket. I will try and explain the layouts of the carpark a bit better incase im misleading.

Its a converted house into four flats, and each of those flats have a parking space. I parked in space number 2 (representing flat number 2) and thats where I got a ticket.

The Notice says Contravention: Parked in a permit bay without clearly displaying a valid permit.

Top of the notice calls about traffic managment act 2004 s78, Civil Enforcement of parking contraventions etc etc.

Even have to go on the council website to appeal.

When I say "Rents the space" I meant the person who rents the flat (my friend)

Orford

OK it's a council ticket. I still don't understand how they have jurisition here. Who owns the house, council or private landlord? Are the parking bays within the curtilege of the house or are they on the street? How come the girlfriend can park there without a permit?

jameshbk

Shall I try and get some photos? There is a side street which leads to a multi story carpark. Just off that is a private residents carpark with designated spaces and thats where the flats are. Thats where I parked. Its 100% Landlord owned as my friend rents via an estate agent and landlord visits every month.

Orford

jameshbk wrote: »

Shall I try and get some photos?
That would help certainly. or exact location so we can look on google earth
There is a side street which leads to a multi story carpark. Just off that is a private residents carpark with designated spaces and thats where the flats are. Thats where I parked. Its 100% Landlord owned as my friend rents via an estate agent and landlord visits every month.

It sounds to me as if the CEO has issued this by mistake not realising it is private land. If so then make informal representation on the grounds that the contravention did not occur and explain the staus of the piece of land.

peter_the_piper

Can you scan or photo the pcn, both sides, remove personal details, and host on tinypic and put the url here leaving off the HTTP://
Same applies to the photo's when you have them.

jameshbk

Ticket says Location: Leopold steet annex car park ramsgate....

but the carpark is actually in princes street which leopold turns onto.

Just trying to get a picture from Google now