Thread: shall i appeal this?

This looks like a shocking piece of parking but I had to park in this position as another vehicle was encroaching into the last remaining space in the street where I live.
I have a permit to park here and there was no other space within a 5 minute walk which given that it was midnight and I was travelling with children and there were groups of yobs in surrounding streets is why I parked here.
Portsmouth Council gave me a ticket and rejected my 'challenge', now I have to decide whether to appeal by the 19th.

Here is an exerpt from my email to my local councillor :

"my 'challenge' was on the grounds that other inconsiderate drivers encroaching in the space forced me to park in that position. It was midnight, there was no other space in KC zone (I do have a permit) for several streets either side, I was with two children and there were quite a few rowdy chaps on the streets that were leaving the pubs. Therefore for their saftey I parked there, making sure there was still room for an emergency vehicle to get into Portland Terrace.

I was shocked the 'challenge' was rejected.

The charge is for 'parking in a restricted street during prescribed hours' and I have been told that 'though your vehicle was not touching the double yellow lines, I can confirm the lines cover the area on which your vehicle was parked'

What makes it worse is that the letter rejects my claim that I was not blocking the entrance and indeed says I 'was parked ACROSS the entrance AND also blocking a disabled bay', which is an outright LIE.
If I was blocking to that extent they would have photos and I would have been towed away by either the police or the clamper who lives in that block.

I have until the 19th to appeal, but the charge will double from £35 to £70 if i lose,
I understand you told my partner to appeal but if they are that heartless to reject it once and if techincally i am 'parking in a restricted street during prescribed hours' should i still appeal even if they are lying about me blocking?"

any advice forum users?

You don't have to be touching, or near the lines for a contravention to have taken place.

I'm sorry to say you seem banged to rights loking at those photos. Yobs around aren't a circumstance that would be mitigating enough in my view. Neither are the actions of other vehicles - you could have parked elsewhere.

But lets see the original pcn - their could be legal errors in it.

You could try a formal appeal with these stated reasons, but I'd expect a rejection. The onus is on the driver to find a safe and legal place to park, not blame an adjacent car for taking up more of the bay than they should. At least the fee won't go up whilst you contest it!

Thanks,

i was previously unware that parking a portion of your vehicle outside of the bay was illegal - is that what 'parking in a restricted street during prescribed hours' means?

there was no where else i could park and given the circumstances i would probably do the same again.... (however now i know it is an offence i would move it when first possible)

Al27 - here is the pcn

buzby - i understand that if i dont settle 35 quid tomorrow it will be 70 if appeal is rejected

will probably pay up tomorrow but then write to the parking manager and the local paper about the fact they've lied i'm blocking an entrance and disabled bay when i'm not

any more advice before thursday evening would be appreciated

I paid the fine after seeking advice from this site.
Then I wrote to complain that while I may have committed an offence it was a lie to say I was blocking the entrance to flats and a disabled bay.
And they refunded me! Agreeing, and treating my letter as a succesful appeal!!

Wow!

Good result , cheesemonster. Notice the difference between a ppc and a council though... at least you can reason with some councils. jed