Paking ticket on broken double yellow line

ic

MonkeyLoo wrote: »

I had to move my car and its all stressful......

Many things in life are stressful, but it doesn't mean you get handed cash at every turn.

MonkeyLoo

I know but if it could be achieved why not go for it against these money grabbers. They may think twice next time.

TrickyWicky

ilovelondontown wrote: »

I think seeking compensation is a bit dramatic

Not really no. The council have acted vexatiously and while rare, motorists who are targetted vexatiously and wrongly PCN'd can claim compensation from the adjudicator.

The slight snag here however is that in order to pursue this, the op would need to ignore the 14 days to write in to the council and instead wait for the NTO to arrive and send it back stating the offence never happened and take it to an appeal. Only once the adjudicator sees the case can he award compensation. You can't write to the council and demand it or write to the adjudicator directly, you must take the PCN to appeal.

Too many councils try this tripe and it's not right. The CEO represents the council and therefore they have acted vexatiously by issuing a PCN to the vehicle that was not legally enforceable.

Another tactic however may be to pursue the 14 day thing and ask the council to cancel it. They'll either say yes or no however include an invoice for your time dealing with the matter. Seeing as they can't enforce this PCN they'll be forced to cancel it and they'll claim they can't pay the invoice due to policy etc. Cancelling the PCN however can be seen as an admission that they got it wrong so you then go to money claim online and submit a claim for the invoice :rotfl:

MonkeyLoo

Sounds almost too easy!
Im all for turning what was a negative into a positive position
I will let you know how I go
Thanks:beer:

owen_money

TrickyWicky wrote: »

Not really no. The council have acted vexatiously and while rare, motorists who are targetted vexatiously and wrongly PCN'd can claim compensation from the adjudicator.

New word of the week, although I hope you don't think I'm being egregious

mattyprice4004

bertiebob63 wrote: »

Hi,

I am not so sure you will get anywhere with this. They are most unforgiving I parked with 1 wheel out of a marked bay by 4 inches and all my appeals failed. That was in Wiltshire picking up a prescription for my Mother. All the photos etc no joy ended up with with a £60 fine.

Any way good luck hope it works out for you.

How do you manage to park with just 1 wheel hanging out of the bay?

If you were at such a bad angle, good on them. Causes problems for people parking either side of you.

MonkeyLoo

Well......
The update is that Leeds council have refused to cancel the PCN.
Details below.
Its beyond me ????????????

"I have noted your comments and would advise that when the Highways Department came to repaint the double yellow lines a vehicle was parked at the location preventing them to paint the lines, hence the “gap”. The Traffic Regulation Order states that the restriction of double yellow lines are in place and is enforceable. The Highways Department have tried on numerous occasion to repaint the lines but have failed to do so due to vehicles being parked at the location.

I have considered everything in your letter but do not feel that you have made grounds for cancelling the PCN. "

Gordon_Hose

Have you been here: http://forums.pepipoo.com/

Joe_Horner

On to the next appeal stage then. They accept that the lines are broken in a way that people mistake for a parking bay. It's not your problem why there's such a gap.

In fact, their excuse of "there's always someone parked there" shows that the lines, as they stand, are ambiguous - which is exactly what the rules on how they're painted are designed to avoid - because clearly lots of people believe it's a parking bay!

MonkeyLoo

I did have a look there thanks http://forums.pepipoo.com/ very useful.
I don't know what they expect. If no lines are painted people will park. Another car along the same road had 5 PCN's on it!
Almost like they are doing this to trap motorists.
If they cone off the area fair enough but they didnt