Your Thoughts?

MrRee_2

Just received a PCN for "Parked beyond the Bay Markings"

I am guilty of the contravention.

Mitigating circumstances:-

1. I am a disabled badge holder

2. Both my wife and I have mobility problems

3. The Car Park has 349 pay and display spaces

4. The spaces are very narrow

5. I could have parked on the double yellow lines outside the Car Park but chose to park in the 80% empty Car Park

6. I parked between two cars, stradling the white line slightly (1 foot) to give enough space for both car doors to open and allow us access and to exit the car

7. I did not park in one of the 300 empty spaces within a bay as I have returned in the past to a car either/both sides of my car and so couldn't access my car at all

Do I have chance of a successful appeal?

Redx

council car park or private ?

england and wales ? or somewhere else ?

if private, who is the parking company ?

MrRee_2

Council

England

The Parking Warden was at the machine when I arrived .... I saw the ticket so approached him with it.

I asked if it was he who issued it, he said yes.

I asked him why, he said "You are outside the marked bay"

I said, "I am disabled and needed the extra width to have the same access as an able bodied"

He replied, "I can see that, but you are outside the bay, I don't care that you are disabled - that is no defence, I am applying the regulations"

I said that there were 300 empty spaces, so I was not causing any problem whatsoever - I just wanted to assure myself that I could get access to my car when I returned.

"Not my problem" was his comeback ..... I asked where were the disabled bays, he said, "It's not a requirement to provide disabled bays in any Car Park" ................. I suggested that was probably untrue, but I'm not sure - he seemed very sure.

Redx

I would have said he was wrong, its a requirement under the EA2010 in my opinion

as this is council, go to pepipoo and post on there with suitable pics and redacted scans etc

MrRee_2

Thanks for your reply .... I took photo's but I just have the PCN as a document.

I'm guessing I have no defence, just mitigating circumstances and to ask for compassion from the parking officer ...... the Car Park was very empty.

The EA2010 states that reasonable adjustments should be made .... I could ask that, under the circumstances, what I did was a reasonable adjustment to allow me the same access as an able bodied?

Redx

correct, and never , NEVER Assume you have no defence , in fact , donr assume anything as it makes an !!! of u and me

the people on pepipoo specialise in these council pcn,s and as far as they are concerned EVERY council issued pcn can be defended , so please lose the guilt mentality, you have done nothing wrong given the EA 2010 is law and trumps any council rules , you did what was reasonable and the council should provide wide spaces for you to park in on that council car park !

MrRee_2

Sounds good

MrRee_2

They want a scan of the PCN, I have no way of scanning. A photo is no good as the PCN is like a big long till receipt.

Then I'm not sure how to upload ...... I'm old and daft!

HO87

MrRee wrote: »

They want a scan of the PCN, I have no way of scanning. A photo is no good as the PCN is like a big long till receipt.

Then I'm not sure how to upload ...... I'm old and daft!

You could break the ticket up into a series of photographs. As for uploading them PePiPoo do offer some instructions (click here) but the another way is to set up an account with a service like Photobucket where you can upload your photos and then provide a link(s) to them in your post.

The section on PePiPoo you need to post this on can be found here

By way of encouragement around 60% of all council PCN's that are formally appealed are cancelled. Give 'em hell!

bod1467

Out of interest - how much is the PCN?

You'll need to put in some effort to get this killed off. You need to weigh the value of your time in doing this versus the cost of the PCN.

Note: I would never advocate just paying a parking invoice, but council PCNs have the force of law behind them (they are real penalties, not "fake fines") and so you need to consider whether the effort is worth the principle.

MrRee_2

£50 Fine - £25 if paid within 14 days.

I understand your point completely, I have thought about the effort needed to overturn this PCN.

Is it worth it? Well, my time to me is free.

Can I make a difference to other peoples lives? Yes, maybe I can if it forces the Council to make some disabled wide bays.

If we all just rolled over the world would be a sorry place with dictators all over the place. People die for their beliefs every day.

If I can make a small difference then I will give it a shot.