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Council Parking Fine

Slightly different one to the norm it appears as this one is a Council Parking fine not the normal private "fines".

To put a long story short I was dealing with a child in hospital and got a parking fine on the 26th November. The circumstances of the parking fine are a bit convoluted but the narrative will explain the background.

I had taken the child to hospital by car fully expecting that they would be in and out as it was a fracture clinic appointment. Unfortunately they decided that he needed to be admitted and they then did this. I was aware of the 2 hour limit on where I had parked and went out to move the car before that expired.

On approaching the car I saw a traffic warden nearby and went and explained my situation to him (no money, payday was next day typically!) to him with a view to finding out where in the area there was free parking. He advised me that there was no free parking in the area as such but that there was a particular spot that he could not issue fines in because of absence of yellow lines on the road. He also gave other pointers (leaves covering yellow lines etc) and his parting words were if I did receive a PCN to appeal it and that it would be dismissed due to lack of markings.

I went and parked in the spot he indicated and unfortunately it appears that a different parking warden showed up that day and put a PCN on the window of the car.

I appealed it on basis of lack of markings (the parking wardens own pictures confirm this) and the appeal has been rejected on the grounds that there was signage on the entry points to the road (I looked before and could not see them but will be double checking again) They are alleging that it is part of a Controlled Parking Zone and that it is not a requirment that yellow lines be in perfect conditionas at all times and states "in this instance there is a clear instance that a yellow line restriction is in force" despite there cleary being none!

They are now saying I have to wait for the formal notice to owner so while I am waiting for that can people give me advise on what I need to / should do?

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Indeed wait for the NTO of course, as they said. That's the next stage. Then adjudication. Post pics of your NTO and the PCN on pepipoo.com and ask them for specific help to appeal the NTO when it arrives.

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

    The discount will not be offered again, so forget it if you want to appeal. Ak pepipoo for advice BUT NOT WITHOUT PICS!
    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 THREAD
  • Tilt
    Tilt Posts: 3,599 Forumite
    Controlled parking zones do not require yellow lines BUT they do require adequate signage at EVERY entrance point to the zone complete with plates indicating the restrictions. I don't suppose you recorded the number of the CEO who gave you the original 'advice'?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Tilt wrote: »
    Controlled parking zones do not require yellow lines BUT they do require adequate signage at EVERY entrance point to the zone complete with plates indicating the restrictions. I don't suppose you recorded the number of the CEO who gave you the original 'advice'?

    Unfortunately no, I was not aware it was a controlled parking zone and I am struggling to find the regulations surrounding it on the council website as well.
  • Tilt
    Tilt Posts: 3,599 Forumite
    boomerie wrote: »
    Unfortunately no, I was not aware it was a controlled parking zone and I am struggling to find the regulations surrounding it on the council website as well.

    Can you give us the location plz?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Tilt wrote: »
    Can you give us the location plz?

    Birmingham City Council
  • wiogs
    wiogs Posts: 2,744 Forumite
    boomerie wrote: »
    Birmingham City Council

    The location of the alleged contravention.
  • prowla
    prowla Posts: 14,179 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Try and contest it if you can, and also keep an eye on their process to see if they don't keep to it.

    I had a ticket a couple of years back (in Brighton), and I contested it; they denied my first appeal, but failed to acknowledge my second, and so broke their procedures and cancelled it.
  • Tilt
    Tilt Posts: 3,599 Forumite
    boomerie wrote: »
    Birmingham City Council

    The location where the ticket was issued (as stated on the ticket) :doh:
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
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