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Found 9 results

  1. Dear all, Exeter Road Car Park, Braunton, EX33 2JJ - Parking Charge Notice I have also been subject to this rather off-putting Parking Charge Notice in the same place; Following the thread above I have completed the questions from the link below: 1. Date of the infringement: - 05/10/18. 2. Date on the NTK [this must have been received within 14 days from the 'offence' date]: - 11/10/18. 3. Date received: - 12 or 13/10/18. 4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]: - Yes. 5. Is there any photographic evidence of the event?: - Yes. Two photos of car. Two of numberplate [both dark]. 6. Have you appealed? [y/n?] post up your appeal]: - Not yet, but I have drafted it and posted below. Have you had a response? [Y/N?] post it up: - N/A - not yet. 7. Who is the parking company?: - Premier Park Ltd 8. Where exactly [carpark name and town]: - Exeter Road Car Park, Braunton, EX33 2JJ Draft online Parking Charge Notice Appeal wording: "Dear Sir/Madam, Please be advised that in normal circumstances I am law and rule abiding, in any case.
At the time in question this was no different, however, after recalling this journey to an area that I am not familiar with and which receives a significant amount of tourism traffic, I would state that the terms and conditions of the car park are not sufficient for the average visitor to use and create a valid contract. Specifically I am appealing against the availability of, and clearness of, the signage and how well lit the car park is to make this reasonably visible to any user in order to create an acceptable contract. At the time of the evening stated, and as can be evidenced from your own photographic evidence stated, it was almost pitch black dark if not for the light omitted from a vehicle itself. So much so that the vehicle make, model, colour or driver cannot be determined. If I recall correctly, at the given time of the evening, a bus also pulled into the bus lane outside the car park on Exeter Road, meaning that anyone would have to tightly pull in front of it to gain access to the car park, missing blocked entry signage and parking terms signage. The darkness of the evidence provided also does not display and make clear were my car was photographed and if it even entered the car park or remained stationary/unattended there for any period of time at all. 
Please can I appeal to good faith that if the displays were clear and visible I would have seen no option but to comply with the terms and conditions, but in this case, for multiple reasons, the terms were not clear enough for me to be made aware to do so at the time. There is also no evidence provided to the contrary that the car park is clearly displayed, including its terms, or sufficiently lit to substantiate the claim that any contravention was intentionally made at the time. If you do not agree that this penalty has been unfairly applied and reject my appeal, I will be left with no option but to further this appeal with IAS. I look forward to hearing from you Regards," --------------- Any help you could give here would be greatly appreciated?? and I hope that this helps others Thank you
  2. I received an NIP for "speeding" on the motorway in a speed restricted area. The signage was very unclear and when I sped up it was because I thought the speed restricted zone had ended as there was no signage to suggest otherwise and other motorists sped up too making it unsafe for me to continue at the restricted speed. I was recorded as going 9 miles over the speed limit when I called to ask about this they told me that it was an average taken from when I entered the zone and when I left. Does anybody know anything about how they work this out? And how I could challenge this? The Police have sent me photographic evidence of my car but the photos do not show the context and thus you can't see that there were no signs around telling drivers to maintain the restricted speed. Is there a requirement to provide photographic evidence of the context? Can I do a freedom of information request? Many thanks!
  3. Hi all, Firstly, this is a great forum with very valuable content and discussion! I am a newbie but hope to add my input where i can in the near future! I received a PCN from Brent Council a few days ago. Images (attached) have been captured by a lanewatch CCTV camera - that is actually not listed on their CCTV map (found on their website). Perhaps it is not an 'approved' device? They have 'apparently' captured my vehicle in a box junction, but there are no clear pictures showing the number plate. All of them are very blurry. The last image in black is their only image which shows the number plate (i have scribbled over the letters) but it is completely black and still does not show the vehicle in the box junction. It looks like it may have been taken by another camera, but I cannot be 100% sure. I have requested the video evidence, but I keep getting error messages online. I wanted to know if I even have any grounds for appeal? Any advice is greatly appreciated! Thanks Tam camera.PDF
  4. Hi, I need some advice please if you don't mind. I received a PCN from Newham Council for parking in a disabled bay on Easter Sunday. The problem I had at the time was it was raining quiet heavy with some surface water flooding which made the actual disabled bay harder to make out. I based my appeal on the grounds that the bay hasn't been maintained and was clearly weathered over time with the markings on the bay faded. Last week I received a letter from the council notifying me that my appeal was unsuccessful and I have 14 days to pay the fine half price or the full amount after the 14 days. Now this is the thing, The letter of rejection is date 20th April 2016 , and the envelope that is came in was dated 27th April 2016 which I presume was the postal date, i received the letter on the 29th April. This gives me 5 working days to pay the fine which isn't fair at all. Do you think if I have a case on this reason in having the fine cancelled? P.S How comes I have to wait for a NTO before I can appeal against their rejection letter, I'm sure before you had the choice of taking the appeal straight to PATAS or has it changed. PCN BOLEYN ROAD.pdf
  5. Hello everybody, I am after some advice with regards to appealing a Penalty Charge Notice. I was doing some work for a client at one of their rental properties in Battersea (Cupar Road). I turned into Cupar Road from Battersea Park Road and drove to the end where I saw a parking space on the left (and coincidently right by the house I was working on). As I got out of the car I saw the sign saying “Permit Holders or Pay at machine”. Underneath there was an arrow directing you to the nearest ticket machine. In that direction, was another sign stating the same thing; Permit holders or pay at machine. I went to the machine and got the parkmobile location number and started my parking via the phone app. About 30 minutes into my parking, I see a traffic warden putting a ticket on my car with a Code 12 and for a cost of £130!!! I said I had parked via parkmobile and showed him the running app on the phone. He responded that I have parked on the wrong side of the road! Permit holders only on one side and a mixture on the other! I pointed at the sign when I pulled up (which is right opposite the end space where I had parked. He said, I need to check the other sign (which was about 10 – 15 yards back down the road, in the opposite direction of the ticket machine and the arrows on the other signs). I saw the sign as I got out of the car and another one just over the road both saying pay at machine. The warden noted it was a genuine error and I had paid to park. He also recognised that I am not a resident and just doing some work there. He advised me to appeal and he would write a note saying I was working, so not familiar with the area and parking restrictions. He took photos of the car and the black bags I had lined up to show that we had chatted and that I was working on the house and not a resident. He said in all likelihood, the PCN would be overturned. I also took photos of the car with the sign right opposite the car, which would be the first signage you saw from the car, then backed up with a second sign a little toward the ticket machine which is directly in front of the car. It never occurred to me that there would be a third sign lurking a bit further down the road saying permit holders only or that parking on one side of the road or the other made a difference. I hadn’t come across this parking arrangement before (Live in a small village in Sussex). In my mind, the signage doesn’t make it particularly clear that you have to park on one side of the road or the other. Plus, the positioning of the signs; One right at the end saying pay at machine with arrows toward the machine and another in the opposite direction saying permit holders only. As the machine was at the top of the road and that another sign was there inviting you to pay, I had no reason to walk down the road. In my mind, I saw two signs saying pay at machine and that I could pay and park. Many thanks
  6. Just wondering if I have any chance of appealing this parking ticket. I was parking on Charlotte Street in Birmingham today. I used to park there regularly as my wife worked on Charlotte Street and it was always pay and display both sides. On driving down the road I saw the pay and display signs on the right hand side (road is one way single lane with parking bays on both sides) There was an empty bay on the left side so I pulled into this and paid for 3 hours parking from the pay and display machine on the right hand side of the road. On returning to my car I discovered a parking ticket on my windscreen. The traffic warden was at the scene having a discussion with another person parked a few spaces behind me who had also received a ticket. The warden pointed out the right hand side is pay and display but the left hand side of the road is permit holders only. He then pointed out a small sign about 1 foot across and 8 foot in the air, which was identical to the pay and display signs other than bearing the wording “permit holders only”. The warden admitted a lot of drivers get caught by this and they often overturn the tickets on appeal as a result. After the warden left I saw another lady park on the left and buy a ticket from the machine on the right although I could not get to her in time to warn her she faced the same issue. Do people think I stand any chance of appealing this ticket and if so what is the best strategy.
  7. I am writing on behalf of my girlfriend who got her car towed last saturday morning 7th June 2014. They told us it was parked in a suspended bay, but after reading several posts on this forum, it seems we may have valid reasons to appeal. We would be very grateful for anyone more knowledgeable about the law on this to advise us on our appeal before we submit it. She thought her car had been stolen and it caused a great deal of distress. Plus it was a huge inconvenience to us as we were due to go away for the weekend in the car. The car was parked on St. John's Hill in Wandsworth, London. They told us that the car had been towed because it was parked in a suspended bay. Later in the day I went back with her to where she was parked and took some pictures. I also include a scan of the PCN that was given to us when we went to collect the car. https://drive.google.com/file/d/0B0Vqw_YSKNY5RkJGMFBQQjE0Z0J1cGRjejhwd2R6dmpKTEV3/edit?usp=sharing https://drive.google.com/file/d/0B0Vqw_YSKNY5T3pXSVBjeVpYX0VuUFhaTHNrWGRjU0h1dEtj/edit?usp=sharing https://drive.google.com/file/d/0B0Vqw_YSKNY5UzdXQklpREptWXhkV0p5NldTclVCZFV2cDR3/edit?usp=sharing https://drive.google.com/file/d/0B0Vqw_YSKNY5Z3lrckNlQzZfSzZJai1fTVN1aDdmVUc4VFBB/edit?usp=sharing https://drive.google.com/file/d/0B0Vqw_YSKNY5X3NLemNOYjM4RTQ/edit?usp=sharing You can see that the suspended bay sign was several car lengths away from bay where my girlfriend was parked i.e. the empty bay in the pictures. This is pretty much how it looked when my girlfriend arrived to park. i.e. all the other bays that are closer to the sign had cars parked in them. My GF parked and left her car, walking in the opposite direction to the sign. There was no other sign on the other side of the suspended bay. She never noticed the sign in the photo, further down the road, so she had no idea the bay she parked in was suspended. I am wondering if we can appeal on grounds of any or all of the following: 1) It was not at all clear that the bay was suspended. The only sign was several car lengths away. No other sign on the other side of the bay. 2) Is the sign valid? I have read in other posts that sometimes the sign itself does not follow 'the rules'. 3) The sign says that the bay outside no. 97 is suspended. The pavement is quite wide and it is not clear which bay this refers to. Especially because the only sign was so far away from no. 97. 4) When we went to pick up the car at the pound in Mitcham, we were told that we had to pay £265 or they would not release the car back to us, even though I told them we wanted to appeal. I have since read in other posts that the this is not the law. Apparently, they cannot force us to pay to release the car if we choose to appeal. Is this true? 5) My GF was away from her car for approximately 1.5 hours. when she got back it was gone and no indication where or why. Can they tow it without any warning? 6) We notice the address of the suspended bay is different on the PCN to the sign. The sign says "no. 97". The PCN says "no.s 97/99". Do we have grounds to appeal? Should we use any or all of the above in our appeal? Is there anything else we should put in our appeal? We would be very grateful for advice on this. Thanks in advance.
  8. Hello, I received a penalty charge for allegedly driving in a bus lane while in London. However the photographic evidence is highly unclear with no clear display of our licence plate. When I requested clearer evidence they sent us a picture of a darkened car with a licence plate in clear white with my plate on it. None of the pictures they have sent us have any clear discernible evidence that it was our car. Whilst i was in London on the date of the incident, i think i was, the evidence seems really concerning in that it could have been any car. Furthermore, the original pictures sent were during the daytime and yet the only picture where there is a clear licence plate is near pitch black and the quality seems highly contrastable to that picture and the others. Is there any way of defending this and can you offer any advice please? Thank you
  9. I was smoking on an outside/non enclosed section of the overground platform (something i didnt know about) and was approached by two transport officers. after two months I received a letter about court proceedings asking me to respond in 14 days notice. I responded about there being confusing or limited signs, the sign at the entrance was actually the no smoking circle and was placed the wrong way around (there was no text and I have a photo of this on the day) they’re doing renovations on the station and believe that they had removed the signs for some time. I since received a court summons and am unsure if they received my original letter. I know that there are laws on proper signs and in the summons it says that 'near which there is a notice indicating that 'smoking is not allowed'. I read that businesses not displaying the proper signs can be fined. also what is the best option, is it possible to settle out of court or pay a fine (used with money for quitting smoking) should i get a solicitor on this. any help, thank you.
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