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Hi This is my first post on here and I was wondering if anyone can offer advice. I’ve read threads relating to similar issues to my own and while they’ve been helpful, there are certain details about my own situation which make me unsure of how to proceed. I received a Parking Charge Notice for £100 with no option of a reduced rate from Euro Parking Services Ltd on 9 February at Eastside car park Birmingham due to my ticket not being displayed clearly, I checked it when before leaving my car but when I returned it was upside down on the opposite side of my dashboard. I did some research on how to appeal and found I template which I inserted my own details into and sent a letter of appeal within the 21 days via recorded delivery to the parking company. I included a scanned copy of both sides of my ticket, which displays valid time and date and includes my registration number. I argued that nowhere on the signs or the ticket does it state which way up the ticket should be displayed, nor was there any adhesive with which to secure the ticket in place. I photographed signage and explained that the size and placement was inadequate and meant that the terms and conditions were illegible from a reasonable distance. I also argued that since I have demonstrated that I have a valid ticket there was no loss of income and since I park at the location everyday that it seems counter productive and excessive to issue a fine of £100. I requested proof of contract with the landowner to show that the parking charge is legitimate. I made it clear that despite my ticket being upside down when I returned to my car, it was still clearly visible on the dash (shown in the own photographic evidence) and that the serial number could be read on the reverse enabling the attendant to identify the ticket as valid. Here’s where my situation differs from others: I had no response from them, I should have called earlier to check but 2 months passed I called them to check the status of my appeal, they said that a letter had been sent in the post and when I explained that I hadn’t received it they offered to email it to me. The letter of rejection they emailed was dated 2nd of March, it hadn’t got to me because I made a typo on my appeal to them and left off my house number, when they replied to my letter they also left it off. They obviously ignored my request for proof of contract with the landowner. The rejection letter said I could appeal via IAS within 21 one days of the letter but obviously by the time I read this that deadline had passed. My concern is if they try to escalate things and take me to court, I won’t actually receive any of the correspondence. I’ve also read that appealing to the IAS is a waste of time. Any advice would be very much appreciated I still have the ticket and the PCN, along with photos of signage and their own photographic evidence and i'm happy to post contents of my appeal and their response Many thanks
PLEASE HELP - I NEED TO MAKE A DECISION TODAY RE WHETHER TO APPEAL AS MY FINE WILL INCREASE TO THE FULL AMOUNT TOMORROW I am posting to ask for advice regarding a PCN I received from Leeds City Council under code 01 'parked in a restricted street under prescribed hours.' I believe I have reason to argue that this PCN should not have been issued, owing to contradictory markings. I have appealed to the council and been rejected, and am now considering taking the matter further. Opinions as to how successful this may be would be very much appreciated before I make a decision. The road in question is Raglan road in Leeds, which on one side has permit holder's parking and the other marked parking bays up the whole length of the road, serviced by a meter (google images out of date for this road). 2 or 3 of these bays contain double yellow lines, but for the bay in which I parked, these lines are over cobbles and are in a state of disrepair. The bad condition of these, coupled with the presence of a marked bay, led me to believe I could legitimately park there. I then received a parking ticket. Feeling very angry that the council can poorly maintain/confuse motorists and then issue a fine, I researched the relevant act and appealed on the basis that 'the contravention did not occur', owing to 'incorrect markings or signage,' since there is a marked bay in the presence of double yellow lines. This appeal was rejected in a letter that made no reference to the contradictory markings, and simply said that I had parked on double yellows which were maintained 'to the minimum standard.' The photo taken by the traffic officer was taken at such an angle that you can see that my car is on double yellows, but cuts out the white bay markings. I now have until tomorrow to pay the reduced rate of my fine (I have posted in other forums and not received any advice!) or can wait for an NtO and take the matter to the Traffic Penalty tribunal of England and Wales, which if I do so and lose I will have to pay the full £70 fine. I rung this service and they were unable to give any advice owing to their position as an impartial third party, and I was hoping that members may be able to give an opinion as to whether I can make a case. I am now stuck between wanting to prove my point and 'quitting whilst I'm ahead' to save money. For the legal basis on which I appealed to the council and the wording of my letter, see below. Would really really appreciate any advice on which way I should go, thanks. My letter: On 17.07.12 my vehicle was issued with a Penalty Charge Notice (PCN) for the reason of ‘parking on a restricted street during prescribed hours,’ as described by code 01. In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur. The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations (2007) state that any PCN issued after 30.03.08 in circumstances where signage or markings are incorrect was issued incorrectly. PCNs issued in these circumstances may be subject to an appeal to the Traffic Penalty Tribunal of England and Wales. The vehicle to which the above notice was issued was parked in a clearly marked parking bay. Additionally, this bay contains exceptionally poorly maintained yellow lines, in contradiction of its designation as a legitimate parking area. Therefore, owing to incorrect and contradictory markings, any PCN issued in this area on the basis of code 01 is issued incorrectly. Please find enclosed evidence to this effect, in the form of photographs of the road markings of the bay used. White lines indicating the presence of a parking bay are shown. This bay is shown to contain contradictory and poorly visible yellow lines. A copy of the PCN issued and parking ticket purchased are also enclosed. I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days, and would be grateful for confirmation of receipt of this appeal.