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solent68

PCN Hove Brighton

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Hi, In August I managed to obtain a parking ticket whilst loading/unloading my car with my student son's goods in his student house in Hove Brighton.

 

You cannot stop at the front of his house and you have to stop in the road at the back of his house. The house has double gates you have to lock from the inside. Directly outside the property at the rear there is a dropped curb with double yellows, a disabled bay next to it belonging to the neighbour who never parks in it but always takes up space in the pay and display bays - Grrrr!!! The rest of the spaces are permit holder only with no time frame for stopping for unloading/loading.

 

As I was locking the gates from the inside (you cannot lock them from outside) and walking from the front to the back of the property (which is one road away) one of their lovely parking wardens issued me with a ticket for stopping in the permit holders bay. I could not stop in the pay and display area as there was no space, you cannot park at the front of the property as there is a pelican crossing, I did not want to stop on the double yellow lines or in the disabled bay and this was the only alternative as there was nowhere else to load/unload. I did ask him at the time where I could stop to unload/load a vehicle and he said "there are bays around here" but could not direct me to one, I had already told him I had looked and asked him to tell me where the nearest one was but he didn't know.

 

It is impossible to stop and load in the road my son's house is in unless you can find a pay and display meter empty and buy a ticket, which I would have done if that had been possible. I literally stopped for 5 minutes to shut up the rear gates after we had them open for the loading/unloading. The warden told me to make an appeal against the fine.

 

So I appealed against the fine through their online system and got a return email stating that they would reply within 10 days. 10 days later no response, in fact it took them from the 13 August until 8 October to make a response stating they could not enter into email correspondence but needed an address to communicate regarding my challenge.

 

I have since received another PCN in regards to this by post. Question is as they have not responded to my challenge within their own time frame can I use this in my challenge? It wasn't even as though it was just outside but nearly 2 months later!! What should my next move be? I was going to print off the challenge I had already made by email and their response showing they are way outside their own time frames and use that in my challenge. Am I going down the right route here?

Edited by solent68

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If you got a ticket for a parking bay, please supply photos of that bay, with clear photos of the end markings at both ends of the bay.

Please also show the line down the outside of the bay, and anything that is written down that line, also get a photo of the restriction signs which are applicable to the bay where you parked.

If you can get measurements of the parking bay from the kerb stone to the dotted line on the outside of the bay from both endsof the bay.

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So I appealed against the fine through their online system and got a return email stating that they would reply within 10 days. 10 days later no response, in fact it took them from the 13 August until 8 October to make a response stating they could not enter into email correspondence but needed an address to communicate regarding my challenge.

 

I have since received another PCN in regards to this by post. Question is as they have not responded to my challenge within their own time frame can I use this in my challenge? It wasn't even as though it was just outside but nearly 2 months later!! What should my next move be? I was going to print off the challenge I had already made by email and their response showing they are way outside their own time frames and use that in my challenge. Am I going down the right route here?

 

They are not obliged to reply within 10 days - it sounds like an internal standard they have. The fact that it took longer does not affect the position you're in.

 

You haven't said what you did between them asking for an address and you receiving "another PCN" (I take it you received a Notice to Owner). Did you provide them with an address at that point, or just sit tight?

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I asked them for a copy of their complaints procedure as it clearly states in their response that "a response will be received within 10 working days" (I got absolutely nothing at all for nearly 2 months) whether this is an 'internal standard' or not is irrelevant, if you can't meet it don't publish it! I never gave them an address other than my email. They refuse to communicate by email even though they accept appeals against tickets by email.

 

The fact was I was loading a vehicle with heavy goods and there are no bays for loading in the road or surrounding area even though I was told I could park in one by their own warden who could not direct me to one. There are no other options as it is a permit holder area.

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whether this is an 'internal standard' or not is irrelevant

 

You asked in your original post "Question is as they have not responded to my challenge within their own time frame can I use this in my challenge?" - and this is the answer: If it was a legal obligation then you would have a case for having the PCN cancelled without further ado. Because it's only internal, that means you'll have to go through the appeals route. So it's very relevant to where you stand.

 

I never gave them an address other than my email.

 

The council is obliged to respond to appeals by post. Therefore they will not consider appeals without a return postal address. This will be why you did not get a reply until now, when an NTO has been issued. Procedurally, the Council has followed the course they are supposed to, so again no route to contest it that way.

 

The fact was I was loading a vehicle with heavy goods and there are no bays for loading in the road or surrounding area even though I was told I could park in one by their own warden who could not direct me to one. There are no other options as it is a permit holder area.

 

This is something you will have to put to them in a written appeal. It's a pity they wouldn't consider your emailed appeal because that would have retained the discount rate if it was rejected - the appeal now has to be at the full rate.

 

Maybe if you can post some photos up. someone can find a technical problem with the bays or signs. Otherwise, your only option is to write in to them and explain the circumstances.

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Bad advice. this is a council ticket. You are allowed to open and close gates I believe. Also see "Jane Packer Flowers"

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