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PCN challange rejected, what next please?


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Hi all,

Help needed please as I'm new to this!

Was given a PCN last week which I promptly challenged:

 

I wish to challenge the above parking notice for the following reasons.

 

I have parked on this particular spot on Plymouth Road a few times in the past, and had no idea that a Residents parking scheme had been introduced since the last time I parked there.

 

On approaching the parking area from the junction with the Western Bypass, I didn’t see the ‘Residents Parking’ signs. The nearside sign was obscured by a tree branch overhanging it (please see photos attached). I admit that there is an offside sign also, but the nearside sign would naturally be the one I would have been most likely to have noticed had it not been obscured.

 

On the part of Plymouth Road where I parked there are no upright signs parallel to the kerb to indicate restrictions apply, if you miss the signs when entering the zone there is nothing else here to indicate that the area is anything other than an unrestricted area. I noted afterwards that Collapark has upright signs at intervals along the road indicating the restrictions. Had I tried to park here I’m sure I would have noticed these.

 

I would request that on this occasion, for the above reasons, I may be permitted not to pay the charge.

 

 

I've just received a rejection:

 

 

Re: Notice of rejection of “challenge”- Traffic Management Act 2004

PCN No :

Date Issued : 09/07/2010 15:06:07

Location of Contravention : PLYMOUTH ROAD

 

I have received your challenge dated 13/07/2010 14:40:30 to the above Penalty Charge Notice and after careful consideration of the circumstances have found no grounds for the cancellation of the charge.

 

The resident’s scheme was introduced by Devon County Council on the 1st April 2010. South Hams District Council enforces the scheme on behalf of Devon County Council. There are entrance and exit boards informing drivers that they are entering a residents parking zone as well as time plates stating ‘Resident Permit Holders Only’. Devon County Council Highways Engineers have assessed the area and have stated that the correct amount of signage has been placed within the zones. A period of warning notices were issued when the scheme was first introduced.

 

Accordingly please arrange payment in the sum of £35.00 within 14 days from 16/07/2010.

 

Method of payment can be by cheque or postal order or credit card payments can be made over the telephone by calling 01803 861234 between 8am and 5pm.

 

If no payment is received after 28 days a “Notice to Owner” will be sent to the owner / keeper of the vehicle as registered with the DVLA. Please note that this Notice will not be sent to the driver. If you are the driver but not the owner, and you still wish to make formal representations, you are advised to contact the owner who can respond to the Notice accordingly.

 

If this Council rejects the representations to the “Notice to Owner”, a notice of rejection will be sent with details of the appeal procedure. You cannot appeal to the Independent Parking Adjudicator until the “Notice to Owner” has been issued and formal representations rejected.

 

Please note that the discounted charge will no longer be available after 14 days and the charge will return to the original £70 if payment is not made in time.

 

Yours sincerely

 

 

Street Scene Team

 

 

OK, I admit there are entrance and exit boards (the nearside one obscured by tree leaves), but on the part of the road I parked on there were no upright signs parallel to the kerb indicating restrictions (and no bays marked with white lines), just a 50m stretch of road with no yellow lines, so I parked on it! I don't know what the council means when they say

as well as time plates stating ‘Resident Permit Holders Only’.

does that mean small upright signs parallel to the kerb? If so there definitely none where I parked.

 

 

 

I'm not sure where I should go from here, can I reply informally again questioning the above assertions, or does it have to be a formal challenge now? And if so, do I loose the possibility of paying the reduced amount if I lose?

 

 

Thanks for any advice.

approach2.jpg

Edited by snowandsurf
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This is an odd one. Controlled Parking Zones normally need entry signs (with the restriction times) and marked bays each with a Residents Permit Holders Only plate.

 

They refer only to a 'Residents Parking Zone' which may be different, but they do refer to the timeplates (which you say are missing)

 

You need to get a copy of the TRO for this zone which will detail all signage and markings required for the zone.

It should be available for inspection at:

Area South Highway Management

Devon House,

Brunel Road,

Newton Abbot,

Devon

TQ12 4PB

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Some rural areas use entry zone plates that control all the non yellow lined areas of road as resident only

 

Thanks, didn't know that. So does that mean no bays or plates are needed?

 

If not, it seems strange that some roads ie Collapark have them and others haven't

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Thanks for the advice, I think I'll email the council again and point out that they say time plates are present, but are not in the area I parked. My only hope I guess.

 

Will post again when I get a response from them.

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I did take pictures and video at the time lamma, but not as many as I should or of all the things I should, having benefited from the advice here! I would go back to take more but the round trip would cost about £20 in fuel, to possibly save a £35 ticket. Not to mention my carbon footprint :)

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