Parking Fine - Appeal Rejected

zakallen82

Good Afternoon,

A couple of weeks back I went to pick some tickets up in my local town centre. I decided to park on a large public footpath which is also commonly used as parking bays by industrial vehicles etc, although they aren't marked bays. As I got out of my car, the gent in a nearby van informed me that parking wasn't allowed there as there was an event happening that night and the footpath would be used by emergency services.
I apologised and mentioned that I didn't realise it was applicable to the whole pathway as there was a sign saying 'do not park' further up the pathway. I thanked him for pointing this out, and as I got back in my car, I realised that the metal blade of my key had come out of its plastic cover. To make matters worse, I couldn't find the metal part of the key anywhere and hence couldn't start my car back up. I then spent 45mins walking around my vehicle and searching for it, to no avail.
The next point was contacting RAC who informed me it would be late until they got there, and given that there was going to be an event on, it would be difficult to move due to the large amount of people in the area.
My only alternative was to get a new key cut which was going to cost me £258. I accepted this, although concerned by the news they couldn't get to me until the next day.
I spent much of the evening concerned and even left a note on the dash stating the vehicle had broken down and the RAC had been contacted.

The next day I returned to the scene to meet with the company replacing my key and was quite relieved to see my car was still intact! however, I had received a parking fine. 

I appealed the fine on the 15/09 explaining the reason for my car being left and how it wasn't possible to have it moved. Today I've received a letter rejecting my appeal.


Thank you for your email regarding the above PCN.
The PCN was issued to your vehicle as it was parked on the public foot path which was governed by the restriction of the double yellow lines.
Yellow lines are marked on roads for safety reasons to facilitate loading and unloading and ease the passing of vehicles. These regulations have been approved by the Department of Transport and are referred to in the Highway Code, which motorists should be familiar with.
The Civil Enforcement Officer observed your vehicle for 5 minutes prior to the issue of the PCN and saw no signs of loading or unloading taking place.
Double yellow lines mean no waiting at any time. Double yellow lines do not require a sign to be displayed to advise of the restriction.

Appellants sometimes say they did not park on the yellow line. This argument is especially common where the vehicle was parked on a wide verge, pavement or grassed area. However, parking restrictions are not limited to the carriageway itself. A restriction incorporates the width of the public highway from the centre of the carriageway to the building line of the property or adjacent land. Road is defined in section 142 of the Road Traffic Regulation Act 1984 as, “any length of highway or of any other road which all members of the public have the right to pass and re-pass. A highway therefore includes a Footpath over which the public right of passage is on foot, the carriageway and verge.

I would advise that the Police can also issue a “fixed penalty notice” to any vehicle observed parked on the public foot path and causing an obstruction to pedestrians.
I have considered everything in your letter but do not feel that you have made grounds for cancelling the PCN. If you decide to pay, please refer to the ‘How To Pay’ notice enclosed with this letter. Because you wrote to us during the period when you could have paid the penalty charge at the reduced rate, I have decided to offer you a further 14 days from the date of this letter, during which you can pay the reduced amount of £35.00 If you decide to continue to appeal, please refer to the ‘Further Information’ notice also enclosed with this letter.


I had also sent evidence in the form of a receipt from the new key.
I'm annoyed that despite having to pay out £258 for a new key, they are still trying to impose this fine on me. Any help would be greatly appreciated.

Coupon-mad

Yep, best advice for a local authority PCN is to post on pepipoo forum and be ready to appeal at NTO stage.

This should be cancelled as long as this is your own car (not hired/leased) and the logbook has your correct address for the NTO to be sent to,