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I have copied below the pcn I have received from Islington borough.
First, I have parked my car in a bay where the nearest parking signs states pay at meter. There is another one much further up that states Resident Permit only.
Second, The contravention according to the ticket happened between 17.58 and 18:00 whereas my paid parking ticket was fpr 17:53 to 18:33....I am dumbfounded now.
Any ideas to clarify if this PCN can be challenged are most welcome.
I have copied below the pcn I have received from Islington borough.
First, I have parked my car in a bay where the nearest parking signs states pay at meter. There is another one much further up that states Resident Permit only.
Second, The contravention according to the ticket happened between 17.58 and 18:00 whereas my paid parking ticket was fpr 17:53 to 18:33....I am dumbfounded now.
Any ideas to clarify if this PCN can be challenged are most welcome.
Thanks
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Cant see the ticket.
so you were ticketed in a pay and display parking bay.
Was the pay and display ticket clearly visible as it appears valid but you were ticketed 33 minutes before it expired, it may be why you got the pcn if it could not be seen.
As you can see the nearest sign post shows that you can pay at meter and the one that says resident permit is further up. I believe there was a car parked on the lines seperating the boxes....
Matt
You have absolutely nothing to worry about because the bay is unenforceable, the bay is a Hybrid of a 1032 and a 1028.4 it does not comply with the Traffic Signs Regulations and General Directions 2002 (TSRGD's 2002) see Jalali v Bolton Council if you haven't a copy PM me for a PDF of the appeal of the 14th December 2007.
Now send off for a copy of the TRO (Traffic Regulation Order) for that street and see what if any restriction is on the TRO. I am unable to understand the sign as it is confusing what is it actually saying, perhaps an adjudicator will also be confused.
Thanks. I am getting hope now. How do I get the TRO for that street?
Also, there is a sign further up which saus Resident permit only, is that not going to play against me?
Please treat me as a 5 year old here and tell me stepwise what I should do. Many thanks.
The bay may not be enforcable, no knowledge of that, but looking at the pcn it reads to me that your ticket wasn't clearly displayed? Fell off dash, upside down? Like you say how do you prove it. Having been caught like that before, I now take a photo of my ticket in place with my phone before I walk away from the car.
Thanks. I am getting hope now. How do I get the TRO for that street?
Send this to the Legal Services Dept and The parking Services dept.
Dear Parking services
After receiving a pcn No XXXXXX in Sussex Way N7 could you please send a copy of the TRO for Sussex Way N7, I would prefer an electronic version, but if the Council have not yet entered the 21st Century a hard Copy will suffice, as a PCN is time dependent (14 Days) please treat this request as urgent. Incidentally the bay in Sussex Way is not compliant therefore it is unenforceable and illegal, pursuing the payment for the PCN could be construed as a criminal offence as a deception has taken place leading to a fraud because the bay does not exist in statute and does not resemble any diagram within the TSRGD'S 2002, if you believe the bay to be lawful please send copy of special authorisation issued by the DfT for this bay, I now ask you to cease enforcement on this bay until it has been made lawful to comply with the required traffic laws, failure to do this could result in a complaint being made to the Police, a copy of this email as been sent to the Chief Executive and the council legal services dept.
Also, there is a sign further up which says Resident Permit Only, is that not going to play against me?...
No it will not go against you as it is not illegal to park in an unlawful bay, the upright has no relevance whatever if the bay is unenforceable. the sign may as well be on the moon.
Send this to the Legal Services Dept and The parking Services dept.
Dear Parking services (nothing to do with Parking Services, This needs to go to the Highway Authority) After receiving a pcn No XXXXXX in Sussex Way N7 (unnecessary. Any member of the public is lawfully entitled to a copy of the TRO - you do not need to tell them why)could you please send a copy of the Traffic Regulation Ordersapplying to Sussex Way N7, I would prefer an electronic version, but if the Council have not yet entered the 21st Century (this is unnecessary. If you want their co-operation in getting it to you quickly, it is probably best not to get their backs up) a hard Copy will suffice, as a PCN is time dependent (14 Days) (again, unnecessary)please treat this request as urgent. Incidentally I believe the bay in Sussex Way is non-compliant with the requirements of TSRGD 2002. therefore it is unenforceable and illegal, pursuing the payment for the PCN could be construed as a criminal offence as a deception has taken place leading to a fraud because the bay does not exist in statute and does not resemble any diagram within the TSRGD'S 2002, (there is no need to keep referring to a PCN - you are simply entitled to the information - period) if you believe the bay to be lawful please send copy of special authorisation issued by the DfT (no) Secretary of State for this bay (no) these road markings. I now ask you to cease enforcement on this bay until it has been made lawful to comply with the required traffic laws, failure to do this could result in a complaint being made to the Police, a copy of this email as been sent to the Chief Executive and the council legal services dept. (write to parking services separately - do not muddle the two departments and the purposes of your letters top each)
In my format it has worked numerous times for me, including the 21st century bit to which I have discovered that quite a lot of LA's still do not have their TRO's or Consolidation Orders in electronic form. Parking Services are required to know after all it is the back office staff who deal with this first and any relevant stuff can be sent to departments who may need to know on a need to know basis and CEO's employers come under the auspices of Parking Services they should be the first to be on the email list, give them the opportunity to duck and dive and they will jum at it. You do need to give them as much info as Poss regarding the TRO so they can send the correct NTO for the correct street and restriction, informing them of the pcn number they can check where the restriction was. stand corrected road markings is better. although the point will still be got over.
Parking fine for 2mins
I have received from Islington borough.
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Originally Posted by Matt1011
