PCN appeal?

hamish15

Hi
I live in Resident Permit street in Leicester and have a permit for my area. At the end of my street are 1 hour short stay parking bays which residents use to park in and have done since the street became permit holder parking in October. However residents (me included) have began receiving PCNs for parking in these bays for longer than an hour, which before was never a problem. I know that I shouldn't park there and should have received a ticket for the many times before parking there, but can traffic wardens suddenly begin issuing tickets if they haven't before? Is there grounds for appeal here, have they contravened any legislation? Also the tickets are very inconsistently given out, the other day four cars (all with permits) had been parked in the short stay bays for over a day and none received a ticket.
Thanks

esmerobbo

It will depend on the CEO could be a new one about, or if you park there on their shift they will issue a PCN. However all is not yet lost. If you can scan and post up your PCN with your details taken off over on Pepipoo. http://forums.pepipoo.com/index.php?showforum=30

As well if possible any signs that are one the road side. There are many ways these tickets can be appealed. If there is a way for you they will find it on Pepipoo!

Tilt

hamish15 wrote: »

Hi
I live in Resident Permit street in Leicester and have a permit for my area. At the end of my street are 1 hour short stay parking bays which residents use to park in and have done since the street became permit holder parking in October. However residents (me included) have began receiving PCNs for parking in these bays for longer than an hour, which before was never a problem. I know that I shouldn't park there and should have received a ticket for the many times before parking there, but can traffic wardens suddenly begin issuing tickets if they haven't before? Is there grounds for appeal here, have they contravened any legislation? Also the tickets are very inconsistently given out, the other day four cars (all with permits) had been parked in the short stay bays for over a day and none received a ticket.
Thanks

If you know that you are not supposed to park there at all, i'm guessing that the sign says something like 'except permit holders' or words to that affect. The fact that no tickets have been issued previously is of not much signifitance because as Esmerobbo says, it could be a new CEO so on the previous 'many occasions' you have simply been lucky. Having said that, it depends on the sign really. can you post a pic of it up along with a pic of the bay? If not, if you give us the location, we may be able to check it on Street View.

Coupon-mad

Hmmm...if the sign at the short stay bays shows a restriction and then adds 'except permit holders' then to me that would mean that the restriction doesn't apply to permit holders.

But it is not the sign that matters of course (unless it's wrong in which case it's a point of appeal in itself). Any alleged Council-issued contravention can only be against the Traffic Order which may say something different.

I would email the council for a PDF of the Traffic Order for that part of your street immediately, hamish15 (if it's a long street be specific in the part you are interested in). It's a public document so the Council have a statutory duty to make it available to view for any interested person. Do not mention your PCN in the email at all, you don't want your request to see the Order being confused with your appeal.

As for the appeal, go for it with the help of pepipoo forums, already linked above. Most cases on pepipoo win, but you need to know there are 3 stages to appealing a PCN which is put on your car - and most Councils say 'no' to the first informal appeal. That's par for the course and won't mean you have no case!

I would appeal ANY Council PCN for whatever reason to the adjudicator. What's to lose? The only risk is possibly being told to pay the fine (non-discounted but no other costs) a few months down the line if you don't win at adjudication. And the odds are in your favour because most adjudications find in favour of the motorist or the Council fold.

HTH