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won appeal got another ticket in the same spot need advice
Chavy89
Posts: 119 Forumite
Hi All,
so i received a parking ticket in an unmarked bay the ticket stated i had no valid parking session registered then showed a picture of a sign relating to marked bays 1-6 (which i was not parked in) so i appealed and won and so naturally i assumed i could park in the unmarked which has no sign attached to it but now ive received another ticket (on my windscreen) for the exact same reason i will appeal again but should i mention i already won an appeal or should i just simply copy and paste my original argument?
just a bit of context i live on a private estate (new build) every bay has a number relating to a house and then there are 6 bays for guess parking which you have to pay for but randomly there is one bay with no number in it and no sign relating to it this is where i parked. below is my original appeal i sent
so i received a parking ticket in an unmarked bay the ticket stated i had no valid parking session registered then showed a picture of a sign relating to marked bays 1-6 (which i was not parked in) so i appealed and won and so naturally i assumed i could park in the unmarked which has no sign attached to it but now ive received another ticket (on my windscreen) for the exact same reason i will appeal again but should i mention i already won an appeal or should i just simply copy and paste my original argument?
just a bit of context i live on a private estate (new build) every bay has a number relating to a house and then there are 6 bays for guess parking which you have to pay for but randomly there is one bay with no number in it and no sign relating to it this is where i parked. below is my original appeal i sent
All car parks and roads with parking restrictions must have signs or road markings that make this clear. Your ticket should be cancelled if you can prove:
you couldn’t see any road markings or signs
the signs were misleading or confusing
I believe because of the above mentioned reason this ticket should be cancelled. Firstly I was not parked in bays 1-6 (i have photo evidence of this in fact your own pictures prove this) I was in fact parked in an unmarked bay with no visible restrictions such as signs, yellow lines or the bay itself being numbered.
Further more as the parking attendant has clearly tried to enforce this parking ticket based on a sign that does not relate to the bay i was parked in and states "No Valid parking session registered." which there is no such registration available this is clearly a breach of the parking restriction law.
I looked for signs relating to the bay i was parked in and there was none. All signs relate to marked bays to which this was not
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Comments
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Which parking firm?Who upheld your previous appeal?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street1 -
parking control management, and they did1
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What does your lease say about parking?1
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not sure but cant see how that would affect thisnosferatu1001 said:What does your lease say about parking?0 -
Then youre not reading enough threads.
Shockingly enough a lease is quite important in residential cases
Feel free to not check, but youre potentially missing a very important point.1 -
Seeing as PCM cancelld the last one, you may as well try an appeal again and also a second appeal to the IAS (unusually) showing lots of evidence that this is not bays 1-6. WE usually never tell people to try IAS but PCM are pretty useless and often fold, and it sound like with enough evidence you could possibly win at appeal.
If not, then save your evidence to win at court.
In future carry a large white piece of card that you blutack to your dashboard that says:
''To the PCM ticketer, open your eyes and see that this car is not parked in bays 1-6 and if you place a PCN on this vehicle and sue me, I will counterclaim for £500, being a reasonable sum for the distress you keep causing and for DPA data abuse and harassment''.
I think the goon who keeps putting PCNs on the car might stop.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 THREAD1 -
@Coupon-mad thank you for your advice could i ask what is IAS, i was very surprised i got a second ticket after winning my appeal i will stick something in my car to show them i won the appeal. i have picture as evidence that i used last time
in regards to my lease ive just checked it and it does not mention anything about unmarked bays etc0 -
The NEWBIES thread already tells you about appeals and how crap IAS is.
As does any other PCM thread!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 -
I didnt tell you to look for unmarked bays
I told you to look for what it tells you you can do about parking, use of communal areas, "guest" parking etc.
If you are prohibited from using spots marked guest, in your lease, being in breach of lease is not a great position to be in.1 -
so just to be clear the bay is not marked for guess the 6 bays anyone can use as they are pay by phone with regards any restriction to parking you cant park on yellow lines and you cant park in other peoples marked bays other than that nothing else is mentioned no im not in breach of my lease0
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