Thread: TICKETED Parked on single yellows...appeal lost

I appealed against a pcn ticket I was given a few weeks ago, on the grounds that I entered the road from a side road, and there was no sign informing me of the change to restrictions in the form of a controlled zone or somesuch sign.

There were also no signs adjacent to where I was parked, just a single yellow line, it was half past 3 on a saturday afternoon.

Can I appeal again, or must I just pay the fine now they've deemed it legal, even though it isn't? The parking centre say they do not need to put them up on roads entering the road in which you park, only at the beginning and ending of the road.

Anything I can do to stop this?

Thankyou

If you have only lost the appeal to the Council you can still appeal to the independant adjudicator. However if the road is in a controlled zone (CPZ) signs are only needed at the outskirts of the zone where you enter and leave not at the end of each street.

So if you enter from a side road, there should be a CPZ sign either on that side road, or at the junction with the street I parked on shouldn't there?

Is it worth paying the reduced fee and then appealing?

Originally Posted by marla

So if you enter from a side road, there should be a CPZ sign either on that side road, or at the junction with the street I parked on shouldn't there?

Is it worth paying the reduced fee and then appealing?

Without knowing where you parked I wouldn't know but in theory the sign could have been miles away. Most Council websites have a map of the zones, take a look and see if the entry point to the zone you used had the signs.

Originally Posted by marla

Is it worth paying the reduced fee and then appealing?

No, can't be done.

You either pay or appeal; you can't do both.

Can we see all your paperwork? Have you had a Notice to Owner yet?

You can't pay and then appeal by the way. Once you've paid, that's it.

Originally Posted by marla

So if you enter from a side road, there should be a CPZ sign either on that side road, or at the junction with the street I parked on shouldn't there?

Every vehicular entrance to the CPZ must be signed - if any sign is missing, then the CPZ ceases to exist for enforcement purposes. Note that these signs must be at the entrance to the CPZ, not the street where you parked; the street you entered from may well have been a part of the CPZ also.

A SYL within a CPZ is restricted during the times on the CPZ signs and individual time plates are not required; unless the times are different for a particular SYL, which must then have its own time plates.

Hi I haven't had a notice to owner, maybe because I appealed straight away?

I'll go and check the signs tonight and get pictures, what do I need to do after that, as the letter seems quite final?

I had a look on the council's website and it does say what time the CPZ is enforced on a map, but I'll go and check the signs.

It's the last day for me to pay tomorrow so have to get this sorted one way or another, else it doubles to £120!

So so far you have just had your first informal appeal. No surprise the council fobbed you off there.

When your Notice to Owner arrives you get to appeal again. This is called making Representations.

If your Representations are rejected you can then go to the Adjudicator.

Hello to update this I still haven't received a notice to keeper, I'm away on holiday next week so I really want to get the appeal lodged. How do I do this without the notice?

I got the pictures, I spoke to a police officer who was cycling past (talk about luck lol) about it and he urged me to appeal and said that he appeals all his parking fines as so many are incorrect thesedays!

There is no signage from the main road, to the connecting road, to the road I was parked, on that tells me I am entering a controlled zone....

Sit tight until you receive an NTO.

You have 28 days once it arrives.

Issuing an NTO isn't compulsary. They might drop it, but be too rude to let you know.

ok so I shouldn't contact them and ask about it?

Oh so I didn't receive an NTO but have now received a charge certificate!

Amount now due £180!!

I'm going to reply with the pictures I took, but I don't know what will happen next, or if this goes to court I'll win or what?

*worried*

I think you will have to wait for the Order for Recovery - but the councils send them out not the TEC. And it was the council who 'sent' the NTO so do not depend upon it arriving. Check your dates and call the TEC to find out when the OfR gets registered there. The OfR is the first time that TEC knows about the case. Be patient calling them their phone lines seem very busy of late so a a fair bit of waiting around listening to muzak is involved.

Have had a quick google and think I understand what you're referring to. I don't want this to go to court if I can help it, is it still worth writing in with the pictures and doing a statement saying I haven't received an NTO?

There's no court involvement as such so you won't have to/be able to go to court, although they are involved in a purely administrative role. Nothing to worry about through.

Writing in to the council at this stage is likely to be futile. What you need to do is get the process set back so you are issued with a new Notice to Owner. Then you can submit your representation and argue your case about signage (or whatever line you opt to take).

You can't do anything until an Order for Recovery is issued, so wait on that, and as suggested above, chase it up if it's overdue. (Check the charge certificate for timescales if you are unsure.) When it arrives, you can challenge the progression of the charge through the statutory declaration/witness statement process.

Then, when all is done, you should get a new Notice to Owner - and then is the time to appeal and send your photos.

Trying to get through to TEC is a nightmare!

The charge cert says I have 14 days from that date to pay, but the cert is dated 25th June, so I assume I'll be getting the Order of recovery fairly soon.

I doubt I'm going to get through to TEC today so I can just wait for the OoR to come and then apply saying I didn't recieve the NTO and have it reset?

This is still ongoing.....

I'm now appealing again, as I got the OoR revoked as I didn't receive it and they put it back. Now who do I appeal to?

Just how long do the authorities keep at this before they say forget it?

I got the ticket a year ago

Presumably you had the order for recovery revoked last summer?

When that happened you should have been issued with a Notice to Owner. Were you? What was the last thing you received?

When a Notice to Owner is issued, you have 28 days to appeal the case in writing with the council. You must do this - you can't rely on the council just dropping the case.

Thankyou for replying!

Yep I am about to send the appeal, but I think I am outside the 28 days, the date on the notice is 16th March, is it worth sending it off special delivery, or shall I just pay it and put it down to experience? My lack of organisation has cost me again, type cr*p.

I don't want to send it all off, then have my car clamped or some other increase in charges as I missed the appeal date...

It's saying £120 on the pcn payment site, don't know what to do....:cry: