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Council penalty charge - any point in appealing?
Oddjob
Posts: 594 Forumite
Hello, I'm hoping someone can help. I got home last night at about 11.30 and there was nowhere to park on my road except opposite my house. It was the last spot on the road before double yellow lines started. My car was just a bit too long and my rear wheel was on the double yellow lines by about a foot and of course the back end was overhanging them. It was not parked dangerously, it was not at a junction or anything. There is a garage which the double yellow front but it was in no way blocking the garage drive.
I am a woman and was on my own, there was no where else around that I could have parked unless I had gone onto another road, I also have difficulty in walking far but I am not a blue badge holder.
When I went out to my car this morning, there was not only a penalty charge on it, but also a notice saying it was authorised to be removed. Luckily, a friend had seen it and warned me and I moved it forward off the lines as there was space in front of it by then.
Is there any point in appealing? I am not disputing that I was on yellow lines, but not really by much. I also feel that a fine would have been enough in the circumstances but it was way OTT for them to have issued a notice to tow it away when it was not causing an obstruction to anybody, but as I say, luckily, it did not come to that.
Should I just pay it and watch out next time, or is it worth putting in an appeal?
I will not be able to do it anyway until after the weekend as I am going away tomorrow and will not have time.
Thanks in Advance,
I am a woman and was on my own, there was no where else around that I could have parked unless I had gone onto another road, I also have difficulty in walking far but I am not a blue badge holder.
When I went out to my car this morning, there was not only a penalty charge on it, but also a notice saying it was authorised to be removed. Luckily, a friend had seen it and warned me and I moved it forward off the lines as there was space in front of it by then.
Is there any point in appealing? I am not disputing that I was on yellow lines, but not really by much. I also feel that a fine would have been enough in the circumstances but it was way OTT for them to have issued a notice to tow it away when it was not causing an obstruction to anybody, but as I say, luckily, it did not come to that.
Should I just pay it and watch out next time, or is it worth putting in an appeal?
I will not be able to do it anyway until after the weekend as I am going away tomorrow and will not have time.
Thanks in Advance,
0
Comments
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Might be worth posting up your case on PePiPoo. Do you have any photos? There might be a case to plead de minimis (i.e. not really sufficiently over the lines to be considered a proper contravention but this may boil down to the subjectiveness of the adjudicator.
The PePiPoo chaps will have more experience and find your best approach to appealing.Je Suis Cecil.0 -
Thanks for your quick reply. I did take a photo although I have to admit it isn't very clear in what it is showing. You can see where the lines start.0
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Just to agree with ManxRed's advice - take the query to a new topic on pepipoo:
http://forums.pepipoo.com/index.php?showforum=30
Include pics of BOTH sides of the PCN (only cover the car reg and the PCN number, that's all). Tell them what happened and what you are thinking of saying in your appeal, such as asking for cancellation as there was minimal overhang of the line if at all.
In any appeal, ask the Council for their pictures, a copy of the CEO's notes and a copy of ther Traffic Order for the street. You never know, the double yellows in the Order may be defined as ending a meter earlier in which case you'd win. Or many other scenarios in which case you'd win! Most people do who take an appeal all the way.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks C-M, I have posted on Pepipoo and been told to scan the documents. I will have to do that after the weekend as I am going away in the morning. I will also take your advise when appealing and ask for photos, CEO's notes etc.
I don't think the lines will be wrong as they start where the kerb bends in for the garage drive, the garage drive by the way is a very wide one, just about wide enough to park two cars on it, although there is only ever one parked there, so although I was slightly over where the kerb starts to bend in for the drive, I was in no way blocking it. It just really annoys me that I wasn't that much over the line and they were going to tow it away. Even someone coming out of a nearby business looked at the tow away authority and said they couldn't believe it asa it wasn't far over the line and not causing a danger or inconvenience to anyone.
Thanks for your help, much appreciated.0
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