Incorrect Location given on PCN & Observation time Only 1 Min...Advise please

~*~_23

Hello again, Hop you all had a lovely X-Mas......

I posted a copy of the letter on Peppipoo & have photo's etc but i can not add them anywhere ;( again thanks for any advice.

If you see someone without a smile - Give them One of Yours!

peter_the_piper

Host on tinypic and put the url in your post leaving off the http://

~*~_23

Hello again peter-the-piper- I have copied the URL in my posting on Peppipoo. Thanks

~*~_23

tinypic.com/useralbum.php?ua=AMLyco7Zh1yh%2F9BPFHrHWA%3D%3D

Coupon-mad

Well hopefully you'll get plenty of useful replies on pepipoo and here over the next few days. I'll start, first of all here's the direct link to your images to make it easier for people:

http://tinypic.com/usermedia.php?uo=t2QD%2BVcjymXYdzXZ1I4Hl4h4l5k2TGxc

and secondly it seems clear to me that the long bay outside the green scaffolding (if that is where you parked) looks like a hybrid bay and therefore can be argued as unenforceable. You would probably have to have the balls to argue the case right to the point of adjudication but IMHO the Council would probably then fold BEFORE adjudication.

IMHO this bay is hybrid (i.e. not as prescribed) if it has double white termination lines at either end AND no dividing lines within the long bay, to divide up the bays into single car parking spaces. Is that the case, as it looks that way from your pics?

Pepipoo will tell you the regulations about bay lines to quote on your appeal and will add if they see anything else amiss with the signs or the paperwork. Maybe type up a rough draft of what you intend to say as your formal appeal and then pepipoo can help suggest any changes to your wording to get it worded right.

I like the fact you've got hold of the Council PCN enforcement/cancellation guidelines and it says they should observe this contravention for 5 minutes as well!

:T

~*~_23

Hello again, thanks all for this info. Yes I was parked in the Bay where the scaffolding was, and the start & end paint marks are the same. And there are no individual marks to separate spaces for cars -it's a long bay that'll park say 6 cars or so.

I have posted on Peppipoo too & have had some advice there, only I'm struggling with getting the regulations/diagrams etc, - do you think I'll be able to get my point across to the Council in my basic layman terms or do I have to have all the legal quotes/spins etc?

Cheers

Coblcris

http://www.opsi.gov.uk/SI/si2002/20023113.htm

~*~_23

Hi, many thanks for that. The 2nd bay was definitely like image 1028 on -

web.mac.com/rmbscarb/iWeb/rmbconsulting/Making%20a%20challenge.html

On Schedule 6 - Road markings 4 - Permitted Variants.....
Where it says ' The double transverse lines are only to be used at the end of a Block Parking spaces.......

In which my case it was a Block Parking space that I was parked, so that does mean that my parking bay was actually illegal because there are NO individual bay markings, therefore not enforceable.

What with my other points re- 1 Min observation & the incorrect parking bay location & markings - I should have a chance?

I've yet to check my Tax Disc Number- if this is incorrect should this also be mentioned?

Thanks again

Coupon-mad

~*~ wrote: »

Hi, many thanks for that. The 2nd bay was definitely like image 1028 on -

web.mac.com/rmbscarb/iWeb/rmbconsulting/Making%20a%20challenge.html

On Schedule 6 - Road markings 4 - Permitted Variants.....
Where it says ' The double transverse lines are only to be used at the end of a Block Parking spaces.......

In which my case it was a Block Parking space that I was parked, so that does mean that my parking bay was actually illegal because there are NO individual bay markings, therefore not enforceable.

What with my other points re- 1 Min observation & the incorrect parking bay location & markings - I should have a chance?

I've yet to check my Tax Disc Number- if this is incorrect should this also be mentioned?

Thanks again

Yes, the parking bay is not a permitted variant, it seems to be a hybrid of 2 types of bay which is very common but has been a point of many a successful appeal on pepipoo (don't use the word 'illegal' in your appeal though, use the info Coblcris has linked).

Your Tax disc number is irrelevant AFAIK.

But do also mention in your appeal your other two points, why not, as IMHO they have some merit too (enclose a photocopy of the Guideline which proves their one-minute observation time wrong).

Do a rough version of your appeal letter, including all 3 points. Finish your wording by saying something like 'if this PCN is not cancelled I will have no hesitation in taking my evidence to the adjudicator'.

Then link your rough appeal letter onto your pepipoo thread with a new post, asking for any final thoughts or advice before you send it. Pepipoo posters are probably waiting to see this from you. Don't miss any deadlines whilst waiting for their responses though.

What seems to happen with many Councils is they will reject your first appeal and maybe also reject your second/formal appeal as well at NTO stage. They'll want you to fold, it's up to you if you have decided not to!

If it were me in your situation I would see this PCN through to the adjudicator and expect the Council to pull out before the hearing. IMHO they won't want an adjudication against those hybrid bay lines.

As always it's your call, and the regulars on pepipoo are the experts (even they cannot guarantee you'll win, only advise if they think you have a case).

~*~_23

Hello again,

Some people have pointed out to me after viewing my photographs, that the start & end of the bay I was parked in, appears to be a Hybrid -

I have found images 1032 from the TSRD . Can anyone provide me with a link to any official images of the 2 types of parking bays - As I keep going around in circles.

Thanks