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s_i

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About s_i

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  1. Hi, I received a penalty notice as my parking ticket was in the foot well when I returned to my car. Here's the notice & ticket: I then challenged the ticket following an example letter used successfully here (http://www.consumeractiongroup.co.uk/forum/showthread.php?389602-Have-a-local-authority-parking-ticket). This was my challenge description: "I would like to appeal the penalty charge served upon me. Enclosed is a copy of the Pay & Display ticket that I purchased and displayed for inspection. It can clearly be seen that I paid the appropriate fee and that the ticket was valid when the officer inspected my vehicle. Unfortunately, at some point during my absence from the vehicle, the ticket somehow became dislodged from where it had been clearly displayed and fell into the foot well. I accept that your officer could not have known this and acted accordingly. However, now that the ticket has been presented for inspection it is clear that I did not avoid payment of the parking fee or that I had parked beyond time paid for. The only purpose a ticket needs to be displayed is to enable an officer to distinguish between those that have paid for parking and those that have not and those who have exceeded the time paid for. The ticket produced clearly shows that had your officer seen my ticket at the time of inspection that there would be no need to serve a penalty charge notice. The only remaining issue is whether the fact that the ticket was not clearly displayed at the time of inspection warrants the council taking a hard line and upholding the penalty charge. I believe that for the council to take such a stance would be contrary to the advice of the DfT and the Secretary of State. As a valid ticket has been presented for inspection it is clear to any reasonable person that it would not be in the public interest to penalise a person who paid the required fee and did nothing to the detriment of the public interest. I cannot think of a more appropriate situation where paragraph 85 applies than this. I therefore politely request that the council act fairly and proportionately in this matter and exercise their discretion sensibly and reasonably by cancelling this penalty charge. It would be best for all if we can resolve this without the need to seek independent adjudication." I have now received the following response from Hackney: Does anyone have any advice on whether this is worth pursuing - I wouldn't be able to take any time off work, so if that was going to be a requirement for challenging this further, it's not really an option for me. That said, I do feel like this is really unfair and am keen to pursue on principle. Appreciate any help! Many thanks Simon
  2. Hi All, Just wanted to report back that I got a letter from Westminster saying they will let me off on this occasion, due to the fact that the end of bay markings were obscured by a vehicle. Nice one! Si
  3. Thanks, I've gone with the online option and you have to fill in your personal details and PCN etc in order to submit the form. Thanks again! Si
  4. Thanks a lot for your response! That's exactly the kind of advice I needed. Here's the final draft: " I am appealing the above PCN on the following grounds: The core issue with the above PCN is with the parking sign, which is misleading and confusing. I was parked no more than 2 meters from a parking sign which clearly stated the parking restriction was until 6:30pm. The sign for the bay I actually in was not placed on the edge of the bay, but was about 20 meters up the road and was illegible from the position I was parked. I did not realise that the sign nearest my bike was for an adjacent bay as the end of bay markings were obscured by a parked car. This was a genuine mistake and I had nothing to gain from parking my scooter one side of the bay or the other as there was adequate space. However, if the parking sign had clearly indicated to which bays it was applicable, I would never have parked there. I appreciate the restrictions are there for good reason and that using an incorrect bay can cause problems for other road users, but I hope you will appreciate that a genuine error occurred on this occasion. As I explained, there was no advantage to me in parking the wrong side of the line, and I can assure you that I am now fully aware of the bay layouts and positioning of the signs at that location." Fingers crossed. I'll keep you posted. p.s. is there any advantage to posting this or is an online appeal just as effective? Thanks again! Si
  5. Hi All, Last time I posted on here the advice I gained resulted in my appeal being granted and a refund of £250 from Wandsworth council, so thank you in advance for any help here! So 1 year later and I've been stung again.. This is an outline of what I am planning on sending, please advice on a)does it make sense and b) do you think I'm in with a chance? "I am appealing the above PCN on the following grounds: The core issue with the above PCN is with the parking sign, which is misleading and confusing. I was parked no more than 2 meters from a parking sign which clearly stated the parking restriction was until 6:30pm [ I parked about 8:20pm]. The sign for the bay I actually parked in was not placed on the edge of the bay, but was about 20 meters up the road and was illegible from the position I was parked. It was impossible to tell that the sign nearest to my bike was for an adjacent bay as the end of bay markings were obfuscated by a parked car. This was a genuine mistake and I had nothing to gain from parking my scooter one side of the bay or the other as there was adequate space. However, if the parking sign had clearly indicated to which bays it was applicable, I would never have parked there. If you do wish to pursue the PCN then please enclose with your response a copy of the relevant Traffic Order and consider this a request under the freedom of information act. I am shocked that such an aggressive policy towards issuing PCNs is practiced by Westminster Council, especially when it was clear to see that the sign was misleading and placed right on the edge of a bay, making drivers believe the regulations relating to the bay were for the sign it was closest to by a significant margin. I don’t think it would be unreasonable to think that the signs had been placed deliberately to mislead and confuse drivers. " It does sound a bit convoluted, but I honestly think the signs are placed to deliberately confuse. I've been unable to find and rules on placing signs near to other bays etc, but please do let me know your opinions. Thanks Si
  6. Hi, other than the envelope and the back that was it. I didn't ask for any other form and wasn't given any other form: Here's a phot of the envelope and back: (there is also a reciept stapled to the yellow page - just a standard cc reciept.) Let me know if you have any further advice. Thanks!
  7. Hi, Sorry for unresponsiveness. Here are the docs: (the only thing they gave me at the car pound) and the thing that was on my windscreen at the car pound: Hope this helps. Ting - Not sure what you mean by "PePiPoo" - i guess a quick google will let me know ;-) Thanks for all your help so far! much appreciated! Si
  8. Here are the pics of the scene: Old marking - 'end' of bay where I was parked: New bay vs old (bay I was in was on the right) Bay where I wasn't parked (the new one): Where I was parked: non disabled outside my house: I'll get the documents up later. Thanks Si
  9. Ok, Got the car back only £250. Just what I needed before a two week holiday in India! I'll get the documents online tonight. I also managed to forget to get an appeal form when I picked my car up, is that going to prove problematic. Infact, can I even do anything if I'm going to be out of the country for two weeks come Saturday? Cheers Si
  10. hmm, maybe I don't have a case. There is a small road sign, but i thought it related to the new adjacent bay.. I'll get the photos up anyway. Cheers for your comments so far! Si
  11. Hi, First off I'd like to say I'm not the kind of person that is too lazy to park in disabled bays! I went to use my car last night and it was gone, living in London I initially thought it had been stolen. However, I later learned that it had been removed, as it was parked in a disabled bay. The reason I parked there was because I honestly thought it was an old ex-disabled bay, I thought this for a couple of reasons: 1) There are other old bays on the same street - one right outside my house, that you can only just make out the wording disabled, but people (including me) have kept their cars there since I've moved into the area six months ago. This is also a very heavily 'wardened' area - just off Tooting high street. They are clearly no longer disabled bays, and my car was parked in what looked to be an old bay (I have photos) 2) There is a new bay right next to where I parked my car, further leading me to think that my car was in an ex-disabled bay. I assumed the bay had just been moved up the road a bit. Why would there be a perfectly marked bay right next to one where the marking has almost completely worn off? Anyway let me know if you think I have a case for appeal. Either way I have to go and pay about £260 to get my car back tonight.. Thanks in advance for all your help Si
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