Parking fine - residents parking district nurse

fredy5

Hi

My wife is a nurse in Harrogate and has to visit old dears in the community - she has a disc that lets her park in residents bays .

But on the other day she forgot to display and got a fine. She objected but this was refused on the grounds: "it is the drivers responsibility to make themselves aware of the parking restrictions.... "

So, now we will wait for the NTO. She has the rght to park anywhere for free (on business), but is that outwayed by her requirement to display a disc? Surely it is common sense that this should be a reasonable defence/excuse?

So is this a good mitigating circumstance?

Cheers :A

give_them_FA

It sounds mighty like one to me! And I suspect will sound mighty like one to an Adjudicator. As the issue was inadvertent failure to display, rather than not having an authorisation, it sounds like the council is simply being bloody-minded. Strange because usually they will let the dog have at least one bite.

Their reason for refusal makes not one iota of sense either.

Rimmerworld

Blah Blah Blah. Ignore this post. Mis read the OP

Coupon-mad

fredy5 wrote: »

Hi

My wife is a nurse in Harrogate and has to visit old dears in the community - she has a disc that lets her park in residents bays .

But on the other day she forgot to display and got a fine. She objected but this was refused on the grounds: "it is the drivers responsibility to make themselves aware of the parking restrictions.... "

So, now we will wait for the NTO. She has the rght to park anywhere for free (on business), but is that outwayed by her requirement to display a disc? Surely it is common sense that this should be a reasonable defence/excuse?

So is this a good mitigating circumstance?

Cheers :A

Whilst waiting for the NTO, use the time to prepare to make sure you have every chance of winning the formal appeal or at adjudication.

Post a pic of both sides of your PCN and a copy of your appeal wording, and their refusal letter, in a new topic on pepipoo:

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

Read a few threads first to see what to provide in the way of pics (only cover up your name, address, car reg and the PCN number). I hope she didn't actually admit to not displaying the permit? I would have said 'here's a copy of my permit, please explain why I got a PCN or please cancel it' and not have said whether it was displayed/fell down or whatever.

Most people on pepipoo win but you may need to come up with more than the mitigating circs. If it goes to adjudication they cannot find in favour based on mitigating circs - I believe the most an adjudicator can do is refer the PCN back to the top banana at the Council if it seems that mitigating circs were not properly considered.

But what you want really is for pepipoo posters to help you find MORE points of appeal that make it easy for the Council to fold or an adjudicator to rule in favour of your wife. Technical points to do with the PCN wording, lines/signs are very common winning points!

Don't wait for the NTO, post on pepipoo now and keep your thread bumped when you specifically need advice. Post a pic in a reply on your own pepipoo thread when you get that NTO and you will then get more advice. See their FAQs for 'how to post pictures'.

fredy5

Errrm, yes she said, "yes, forgot to display, but I have one" and thought that they would be very sensible about it - doh!

I will look into it, cheers