PCN from Glasgow City Council

mcoletta

Hi there

Some advice on a parking ticket I received would be really appreciated. I won't go into huge details but will give the basics for quick reading:

- Was driving and suddenly felt extremely ill due to a stomach bug, and desperately had to find a public toilet.
- Pulled up safely behind a pay and display bay (didn't actually park as I didn't have time to pay for a ticket as I was so ill)
- I parked on a single white line - loading only - and ran into a pub opposite where I explained I was sick and used their toilet.
- Came back to find parking ticket and the warden - I had been away less than 5 minutes.

OK, so basically I was very sick, and I do have some kind of evidence for this, as the staff member who showed me the toilet in the pub has very kindly agreed to back me up and provide a letter stating that they saw me at that time and that I was ill on their premises. So I can get a letter from them confirming that I entered only to use their bathroom in an "emergency".

Is this kind of illness count as mitigating circumstances? My initial appeal has been rejected but if I made a formal appeal or even take it before the independent tribunal, are they likely to have compassion and waive the fee because I was uncontrollably sick and HAD to stop the car?

I truly can't afford to pay the £30 but if they double it to £60 I'll be doubly worse off!! I'm so worried.

If I do wait, and it goes to a formal appeal will the amount go up to £60?

Any advice please. Thank you so much.

Coupon-mad

There are 3 stages to a Council PCN appeal and Councils normally just arbitrarily decline at the first hurdle. They like to play a game of bluff and know that some people will just pay after the first refusal.

You can appeal based on mitigating circumstances and I would word a formal appeal to include the corroboration of the pub worker. Or if you want to pay the £30, I presume their reply says a date by which it is your last chance to do that - or you will have to pay £60 if you lose at adjudication. Personally I think it's a risk I would take because most cases win at adjudication.

Get advice from pepipoo forums (link below) as they may be able to find more to add to your appeal than just the mitigating circumstances. Can you show them pics of the signs & lines where you parked (or a link to it on Google Street View)? And show them all pages of all paperwork received (front and back of PCN, leave the dates & location and all small-print visible) - just blank out identifying details like the PCN number.

If you've decided to keep appealing, make sure you put in a formal appeal in good time, within the deadline, once you get the Notice to Owner. Pepipoo link, post now:

http://forums.pepipoo.com/index.php?showforum=30

If the Council decide to bluff even more then unless you want to pay, it's onwards and upwards to the adjudicator (an informal process, like a meeting & discussion about what happened). Councils often get close to this stage and then offer no evidence and fold.

Good luck.

peter_the_piper

Does Scotland have an equivelent to Patas? I (probably wrongly) thought it went to the sheriff?

mcoletta

Thanks for the info. I will look into it this evening.

However I'm slightly confused about some of the above posts - especially those who talk about the council having "no evidence". I am not actually contesting that I made a parking offence - I did park illegally but there were mitigating circumstances to support that my fine should be waived out of fairness.
So ultimately, is it worth appealing even though I did commit the offense, just on compassionate grounds?

Coupon-mad

Which posts do you mean, talking about 'no evidence' - some posts on pepipoo? Each case is different.

Oh, and you DIDN'T park 'illegally' as it's not a matter of 'legal and illegal' in a decriminalised parking borough. You 'allegedly parked in contravention of a Traffic Order' and there's often plenty to appeal on to rebut that accusation.

But basically you have the right to appeal on any allowable grounds, and often this may be a technicality like the wording of the PCN, or the wording of the Traffic Order pertaining to that painted line, and/or mitigating circs. Both are valid arguments to put to an adjudicator and in neither case would you be saying there's no evidence.

So in your case, although you think you admit you were parked 'on a line', there may be much more to appeal against than you think. What if that line isn't covered by any Traffic Order wording, for instance? Then it's a nullity, a pretty piece of paint and no more. What if your PCN wording is wrong (very, very common)?

Post that PCN front & back on a new pepipoo thread asap along with pics of (or Google maps link to) the lines & signs.

JimmyTheWig

Can you argue you had stopped there to "unload" some sick?