Is it worth fighting?

[nicnic1971]

Hi I would appreciate any advice on the following please. A few weeks ago I parked in a car park with a sign reading 'Exemption permit holders only waiting restricted to 1hr no return with 2 hrs'. In hindsight I appreciate I shouldnt have parked there but genuinely read it to mean that I could park there for an hour but permit holders were exempt and could park there longer. Stupid i know but at the time nature was calling and these spaces were near local toilets. At the time the there were several spaces so was not preventing anyone else parking there and I did look around for a warden to verify but couldnt see anyone. I was away for probably 10mins and returned to a ticket though still no one around, im sure they wear invisibility cloaks! Anyhow I have appealed twice, the first just appealing to their better nature, the second because a contravention code 16 was applied which relates to 'on street' parking. I appealed on the basis that this was a carpark but they have stated that it is adopted highway therefore the code is correct. Im just so annoyed when I think it would have been cheaper to risk urinating in the street as opposed to a genuine misunderstanding! I guess I will have to pay but would appreciate any advice? Thanks Nicola

[green_and_mean]

A photo of the sign may help along with the PCN.

[rusty24]

Just as a side note, I think your allowed to go to your rear nearside wheel if nature calls very loudly, without fear of getting into trouble?

[nicnic1971]

I have a pic on my phone of sign but cant find lead to upload to net but it is a blue background with white writing and reads as

Exemption Permit

Holders ONLY

Waiting Limited

to 1 hour

Return Prohibited

Within 1 hour

 

The PCN was issued by Sunderland City council and has the car and time details, unsure if there is something specific other than contravention code that would help.

 

Rusty 24 - yes thankyou I shall bear this in mind next time!!!!

[green_and_mean]

Sign doesn't sound legal its meant to have a white background.

[nicnic1971]

Thats interesting, i will pursue that lead thanks

[lamma]

get the Order for the car park.

[Hobbie]

nicnic1971 is this the spot behind the Bridges (the old bus station)? - If so no TMO is in place for it. I made a request in May this for for a copy of the TMO's for the whole of the City and nothing is listed for Brougham St. But it does include the enclave which is the back of the stores.

 

I would scan the entire document, but it is hundreds of pages and maps, and quite frankly I dont have time to do so. If it isn't this location let me know and i'll check and scan those individual pages.

[nicnic1971]

Hi Hobbie yes thats the exact spot! By no TMO (not sure what that stands for!) is in place does that mean the PCN is null and void? Many Thanks for your reply Nicola

[Hobbie]

nic,

 

I guessed that well! maybe because it's the place everyone gets "done" by Sunderland. From the details I was given by the council the on the Traffic Management Order for the area was only one side of the road was included.

 

I've done a map to show you, the red line is where the TMO is enforce, the back side of Blandford street doesn't have any order in place. Hope this helps.

 

I've just won my appeal against Sunderland Council at the appeal tribunal, and i'm not not happy with the staff in the place.

 

[patdavies]

Just to be pedantic, in Sunderland, I believe that it is a TRO.

 

TMOs are only for London

[Hobbie]

Pat,

 

Yes you are correct, I had miss-named it, it is a Traffic Regulation Order, under the Traffic Management Act 2004.

[patdavies]

Pat,

 

Yes you are correct, I had miss-named it, it is a Traffic Regulation Order, under the Traffic Management Act 2004.

 

Er, No

 

TROs are issued under the Road Traffic Regulation Act 1984.

 

TMA 2004 is for enforcement.