On the week-end of 2-3 June 2017, I parked on Cowley Place. One of my friends gave me the visitors pass for MN, but I did not realise it had a different zone than I usually use.(EO).
I did have visitor parking permits, which I displayed and validated.
Clearly there was no intent to evade payment or gain any advantage and I indeed have used/invalidated two visitor passes.
I therefore feel it is unfair to be fined, and lose the use of two visitors passes.
I also question whether the correct contravention code was used on the PCN. (30 - Parked longer than permitted).
Shouldn’t the correct code be 19 - Parked in a residents’ or shared use parking place or zone either displaying an invalid permit or voucher or pay & display ticket, or after the expiry of paid for time.
In my case I was in a shared use zone, displaying an invalid permit. Guidelines say Code 19 is used when a driver has made some attempt to park correctly and is displaying something that could have been used.
Additionally, The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 states that any PCN issued should legally contain the following information :
(3)(2) (b)(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.
I cannot see any clear reference to point 3 (2) (ii) anywhere on the PCN. It is insufficient to say that the owner must follow the instructions on the NtO, it must be outlined on the PCN. This means that the council has not complied with the Regulations made under the Traffic Management Act 2004 (TMA) or the relevant regulations.
Am I correct in these 3 points, which make a sucessful appeal likely ??