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jah_uk

Unfair PCN - Kennington Road, Lambeth

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Hello! I am new to your forum as well as to PCN for parking contravention :) I hope someone will be able to answer my questions and advise.

I got really upset last night when received by post a letter with a PCN enclosed - Contravention Code 02 Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force. Fair enough, but...

I only stopped a car, it was raining, poor visibility, single yellow line, other cars parked. Could not see a sign with time of operation. I switched off an engine, take off a radio panel and got off the car to check the time of operation. 30 secs in total? OK, parking restriction in operation. Got back to the car, put the radio back, switched on an engine. Another 30 secs? Let's add an extra 30 secs...

I viewed supplementary photographic evidence available online. Four pictures taken:

(1) 18:37:47 (I am inside the car)

(2) 18:38:05 (still inside the car)

(3) 18:38:26 (locking or unlocking a car, do not remember)

(4) 18:38:43 (back inside the car, starting the engine)

Is it fair to penalise on the basis that a car was stopped for ONE minute, maybe 1.5 min? I only checked the operation time and went away? The car was not left unattended? I did not wait for anyone and did not obstruct the traffic?

Can you please advise how I should appeal? Thanks in advance.

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Time should be allowed for you to read and understand the parking restrictions notice. If that is all you did, and it would seem even there own photos support this, then you should appeal using "the contravention did not occur" stating you only used enough time to read the parking restriction notice and left immediately when you established you couldn't park at that time.

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Thanks for a quick reply. I am not sure if it took me ONE minute or TWO minutes, I know it was very quick. What about if they keep a recording of THREE minutes? I honestly do not remember exactly...

Is there any time limit you may have your car stopped (not parked, loading/unloading or waiting) to check operation time?

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as crem said, you are allowed time to check the signage. Council will reject, then you take it to appeal.

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Yes, appeal - Be clear on the appeal the contravention did not occur - state you were reading the sign and then re-entered your car and drove away. The timings are all within a minutes timescale, and if what you say is observed is correct, then you should appeal.

You say there were other cars parked? how comes if it was a restricted street. I suggest that you go back to the street to gather evidence of where your car was and if part of the road is restricted and others not, then this gives more weight to your appeal.

 

Don't get scared when the say no to the appeal - keep appealing until it goes to the adjudicator - they will back down when you are given a date for a hearing.

The said council do not have any sense and think you will back down.....when I asked a traffic warden or whetever they are called, about observation time for loading he told me it is 5 minutes, but you will need to check what the signs say on that road.

Good luck!

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Thank you for all your replies. I will definitively make representation.

Signs on the street:

- Bus Line in operation 7am-7pm (all street long)

- yellow line, but parking bay (3/4 of the street)

- yellow line, no parking bay (rest of the street)

Details for the bay (yellow line, but parking bay) where I stopped

- no loading/unloading 7am-10am and 4pm-7pm

- parking restricted to 30 mins, no return within 2 hrs 10am-4pm

More cars parked/waiting along the bay!

 

Can you please advise what I should write on representation:

(1) have you got any template for my case (short stop to check the signage)?

(2) shall I tick the box "The alleged contravention did not occur" and explain or tick the box "Any other ground you wish to raise" and explain?

(3) shall I attach as evidence the photos they provided for me on the website (4 photos taken within 56 secs!)?

(4) shall I ask them to provide further photos to prove it was longer period than I say?

(5) shall I mention the street is part restricted and therefore confusing?

(6) shall I mention the other cars parked in the bay and confused me?

(7) any reference to time for checking the signage?

(8') any other advice?

Thank you in advance!

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You need to state the contravention did not occur - as you were checking the signs - Just as Crem points out. You can refer to the picture and the timeframe quoted. Don't get into a dialogue with them about anything else- the pictures they hvve sent you support your argument.

They will write back and say they have evidence the contarvention did occur so are rejecting your representation - don't get scared, just keep repeating yourself onthe appeal and make a note of stating the evidence they provide confirms the contravention did not occur.

Good luck!

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How can the street be a bus lane 7am to 7pm yet allow parking 10am to 4pm you cannot park in a Bus lane.

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To clarify, I checked the signage yesterday. It is a bit misleading...

Actual signage:

- Bus Lane starts at junction Kennington Road/Lambeth Road - Bus Lane sign 7am-7pm, repeated after 10yds, double-yellow line

- Then after 15yds side-road Cosser St and another Bus Lane sign 7am-10am & 4pm-7pm, single-yellow line and parking bays

Interesting thing, I checked GoogleMaps StreetView and it looks like the sign after Cosser St was replaced. Previously it was Bus Lane 7am-7pm, now only 7am-10am & 4pm-7pm.

Also a lot of police un-marked cars parked there, as Police Station on the other side of the road.

Really confusing signage, be careful...

Anyway, I will go ahead with my representation.

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