PCN restrictions obstructed by branches- single yellow line.

consumer2010 · 13 April 2018 at 12:21PM

Hi i parked on a single yellow line and received a PCN. The sign showing the restriction had branches covering it. My initial appeal was rejected and have to wait for a notice to owner before i can challenge further.

As far as i know the signage has to be clear. The 'evidence' the parking attendance took is unclear and you cannot make our the restrictions. I have various photographs of the sign from different angles. Its difficult to make out the restrictions because of the branches.

Have i got a case for appeal?

Thankyou

The_Deep · 13 April 2018 at 12:24PM

It seems to me that even the best case in the world can be rejected at appeal, PoPLA have been producing some very daft decisions, and the other lot invariably side for their paymasters.

Howeer the appeal is of little consequence, it is what a judge says that matters, and if just one sign is obscured, he/she should find for you.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Fruitcake · 13 April 2018 at 12:28PM

Was this a private or council parking ticket please?

If council you need to go to pepipoo.com. If private, what is the name of the PPC, and did you reveal the driver's identity like you have in your post here? I hope not.
If private, and you didn't give away the driver's identity, you need to edit your post so that you only refer to The Driver and The Keeper.
If you appealed as driver then you wont get a NTK.

Have you read the NEWBIES thread yet, assuming this is private?

consumer2010 · 13 April 2018 at 7:08PM

The ticket was given by a council traffic officer. Im trying to upload photographs.

Their reply;

The sign at this location states that no waiting is permitted Monday-Saturday
between 7.45am-6.45pm (Civil Enforcement Officer’s photographs can be viewed on
our website: Therefore the Penalty charge Notice
was correctly issued at 1.43pm. The sign was located within 1-5metres of your
vehicle which is within the acceptable distance required for signage. These
restrictions were clearly shown in accordance with the Road Traffic legislation.
I have noted your comments concerning the reason the above vehicle was parked at
the location. However, whilst I appreciate the circumstances you have described, I
must advise you that it is your responsibility as the motorist to ensure all signage is
checked and that their vehicle is not parked in contravention of any restrictions in
place. In this instance it would have been advisable to have arranged parking where
a contravention would not have occurred.
I must therefore rely on the Civil Enforcement Office's evidence and regret that I am
unable to withdraw the Penalty Charge Notice and l must request payment be
forwarded in settlement of the matter.

I challenged it again and there reply;

I would advise you that careful consideration was given to your initial letter and you
were informed of the reasons why your objection had been rejected.
I have noted your comments that the photograph the Civil Enforcement Officer has
taken is unclear; however, I would advise you that it is not a legal requirement for an
Officer to take photographs when issuing a Notice.
I have also taken note of the evidence you have provided with us that you claim the
following ‘’ the sign stating the parking restriction for that particular road is obstructed
by branches. This deems the signage unreadable as it is not clear by the obstruction’’
However, based on the photographic evidence you have supplied you can clearly
see the obstructions to be the following ‘’Mon-Sat 7:45am – 6:45pm’’. As the notice
was issued at 13:43. You were parked within the restriction times.
As you have now sent a further letter on this matter, I explain below the procedure to
be followed.
If you choose not to send payment in response to this letter, but wish to challenge the
matter further and you are the registered keeper of the vehicle, please wait until the
formal Notice to Owner is sent to you. This letter offers the opportunity to make a
formal representation against the Penalty Charge Notice. Legislation requires the
Council to send a formal Notice to Owner to the registered keeper of the vehicle if
payment is not made in relation to the Penalty Charge Notice. If you are not the
keeper, formal representations may still be made on your behalf by contacting the
registered keeper of the vehicle.

Both photographic evidence (mine and the officers) shows branches above across and around the sign. Absolute bully tactics. These people are trying everything to enforce this. Even though signage is unclear its apparently still my responsibility to make sure i see it. What kind of nonsense it that.

KeithP · 13 April 2018 at 7:12PM

consumer2010 wrote: »

The ticket was given by a council traffic officer.

Please read again post #3.
As this is a council ticket you need to be at pepipoo.com.

PCN restrictions obstructed by branches- single yellow line.

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free