Parking Ticket advice please

[DroverAwn]

Hi All

 

I am a nurse and often work the night shift which means me sleeping for most part of the day. Unfortuneatly my road and all surrounding roads have parking restrictions placed on them namely, between 10am and 10:30 am no parking allowed on one side of the road and then again between 1400 and 1430 the other. During the last two months I have recieved 2 parking tickets due to me not waking up before 2pm as I am normally shattered. (akin to a normal working person having to wake up at 2am to move their car in order to avoid a ticket).

I have a scan of the 1st ticket (which I have not paid) and pics of the yellow line in question. The yellow line has been partially dug up due to roadworks and never repainted. My car was parked on what remains of the yellow line.

My question pertains to the validity of PCN's issued on this damaged yellow line.

 

 

 

[DroverAwn]

not sure what happened, I dont see any images; will try again:

 

 

 

[TheBogsDollocks]

You can use this appeal letter and add further points where appropriate.

 

Dear Sirs

 

I understand that you are of the opinion that I have contravened a restriction governed by a traffic order. I am aware that the legislation enabling a traffic order to be made is the Road Traffic Regulation Act 1984.

Although you accuse me of this contravention you have not provided any evidence that confirms that the restriction is supported by a legally enacted traffic order. Therefore it is necessary for you to provide me with a full copy of the traffic order that you believe has been contravened and I require you to explain fully what article or articles I allegedly contravened and to direct me to the specific entry for the location concerned within the relevant schedule and to explain fully why you believe that I do not qualify for one of the given exemptions within the traffic order. It is paramount that the traffic order includes the preamble and all the articles as well as the schedules and is sealed and dated and accompanied by all maps. If the original order has been amended then it is necessary that these amendments are also provided in full. I will remind you that in the case between Terence Chase v Westminster City Council, the adjudicator emphasised that a council has a legal duty to provide all evidence at the earliest opportunity to an appellant. Failure to do so is considered by the courts to be prejudicial.

 

In addition, I am aware of the provision under section 76(3) of the Traffic Management Act 2004;

 

(3)Civil enforcement officers—

(a) when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and

(b) must not exercise any of those functions when not in uniform.

 

The council has provided no evidence that the CEO was wearing a uniform in compliance with section 76(3)(a) and with the guidance given in section 42 of the Secretary of State’s Statutory Guidance;

 

42. When exercising prescribed functions a CEO must wear a uniform. The uniform should clearly show:

that the wearer is engaged in parking enforcement;

the name of the local authority/authorities of whose behalf s/he is acting;

and a personal identity number.

 

As the wearing of uniform by the CEO is mandatory when serving a regulation 9 PCN, it is reasonable to conclude that an efficient and conscientious enforcement authority will inspect and keep a record of each officer before they begin their patrol to ensure a uniform is worn and that it complies with the guidance. Since it is a mandatory requirement, the burden of proof must remain with the enforcement authority. This principle is supported in the adjudication case between Derek Jack Hayward v London Borough of Croydon. Therefore, I require unequivocal evidence that the officer who served the PCN upon my vehicle was wearing the correct uniform in the correct manner. Without any evidence to the contrary, it is not unreasonable to assert that the PCN was served by the CEO in contravention of section 76(3)(a) thus invalidating the PCN served.

 

 

I also bring to your attention the important fact that PCN fails to comply with regulation 3(2)(b)(ii) contained within Statutory Instrument 2007/3482 and it is therefore my belief that the PCN is not lawful.

 

3(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i) those representations will be considered;

(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.

 

This requirement is repeated in paragraph 8.40 of the DfT published ”Operational Guidance to Local Authorities”;

 

“but that, if an NtO is served not withstanding those representations,

representations against the penalty charge must be in the form and manner

and at the time specified in the NtO.”

 

The important purpose of the absent regulation 3(2)(b)(ii) is to explain that should a person receive an NtO while expecting a reply to their informal appeal they should not ignore the NtO but take heed of it and appeal formally in the time specified by the NtO.

 

If a PCN does not make this point then a person waiting for a reply to their informal appeal may ignore the NtO thinking that as an appeal is already being considered there is no point appealing against the NtO until a reply is received against the informal appeal. However, a reply may never arrive and by the time this is realised the statutory time in which to respond to the NtO may have expired.

 

Considering this fact I expect you to cancel this penalty charge forthwith. If you do not cancel then I will require you to explain fully why you think the PCN does comply with regulation 3(2)(b)(ii).

 

 

Under the provisions of the Traffic Management Act 2004 I am entitled to a submit an appeal that you have a duty to consider and to which you have a duty, should you reject my appeal, to provide me with clear and full reasons in reply to my points of appeal. This duty is set down in the Secretary of State’s Statutory Guidance and the Traffic Management Act 2004 under section 87 clearly advises that local authorities must have regard to this statutory guidance. Therefore should you fail to reply specifically to each point and provide the required evidence then I will be, due to your improper consideration, including a further charge of procedural impropriety when my defence is submitted for adjudication and in addition I will proceed with a formal complaint, regarding your maladministration, to the office of the council’s Chief Executive.

 

Yours with love, hugs and kisses

[DroverAwn]

thanks a bunch for that, should I not add something regarding the broken yellow line? Surely its not enforecable on that alone?

[Al27]

Please show us a photo of the whole line so we can see how far it goes.