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PCN issued for parking over line.


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I need some help before I tacked the council. I parked my car in a parent and child bay which had the cross-hatch on the drivers side (nose first into bay). There were no cross hatching on the nearside as this was adjacent to a 'normal' parking bay. The bay was at the end of a row abutting a small fence. In order to get the kids out, I needed to parked over the line into the cross-hatched area in order to get the kids out. I have been ticketed for being over the line! I think I can get it appealed but need advice. Parking on the cross hatched area wasn't impeding on any other driver due to the fence and by not having the cross hatch on the other side left me no option but to off-set the car in the space. I have taken some pics of other cars parked outside their spaces but they have not been ticketed. The time between point of issue and myself returning to the car was 10mins!

Any help?

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Give the OP a chance!

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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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apologies for not replying sooner.

It was in a council carpark (darlington) and the ticket issued was a 'notice to pay excess charge'. it was issued by a council employee.

 

I took some pics of other cars with their wheels over the bay lines and they were not ticketed.

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apologies for not replying sooner.

It was in a council carpark (darlington) and the ticket issued was a 'notice to pay excess charge'. it was issued by a council employee.

 

I took some pics of other cars with their wheels over the bay lines and they were not ticketed.

 

Then include these in your appeal and state that you feel you have been unfairly treated. Some years ago I parked in a paved street which I believed was ok as it was after 7pm. there were other cars there also but mine was the only one ticketed so I appealed on that basis saying that although I accepted that I should not have been parked there and would normally take the penalty, I didn't feel that I should on that occasion as none of the other cars had been issued PCNs. It got squashed.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Seeing you say the hatch was between your car and the fence, and the hatched area is there to assist you in opening the door fully to get your children out of the car safely then an appeal may work.

Of course the may just come back with why did you not reverse in then the hatch would have been on the right side!

 

Of course with other drivers parked over the lines it may have been more difficult to reverse in!:wink:

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did have more than one child. 3 yr old twins and a 8yr old! and yes the car parked on my left was at the very edge of their bay! also P&C spaces should have hatch on both sides unless they are at the end of a row.

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I'm with DBC on this one. I wasn't aware ANY councils used the term "Parent and Child Bay". In fact I didn't even think it was a "real" term, just an invention of the big stores to drum up trade.

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If you have more than one child you may need to access both sides of the car.

 

Yes but then you would need a hatched area on both sides. I was trying to suggest the reason the OP parked over the hatch was so they could get the children out from both sides. If it was hatched on both sides then the OP could have parked within the bay and opened both side doors fully.

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I'm with DBC on this one. I wasn't aware ANY councils used the term "Parent and Child Bay". In fact I didn't even think it was a "real" term, just an invention of the big stores to drum up trade.

 

I thought the same but could it be the space created by the hatched area is a courtesy. However the bay markings are mandatory?

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Did it have "P&C" marked in the bay or something similar?

 

Sounds to me more like the hatching was nothing to do with the bay as such, but merely to mark out where they didn't want cars to park too near to the end of the row.

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there are 5 P&C parking bays in this car park and all of them have the symbol on them. I have found a doc on the council website about their parking stratagy and they plan to have more desginated bays as parents with children spend more money. if any one wants to they can google earth the car park. it is in the centre at the top of the main shopping area, left of a roundabout.

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I'm with DBC on this one. I wasn't aware ANY councils used the term "Parent and Child Bay". In fact I didn't even think it was a "real" term, just an invention of the big stores to drum up trade.

 

The OP hasn't been fined for parking in a parent and child bay its for not parking correctly within the bay markings, so its irrelevant whether its a bay for cars, bikes, parents, disabled or any other type of bay they care to mark.

 

Its an excess charge notice so discussing PCNs is pointless, the OP has three options: pay the fine, appeal to the Council or do nothing.

 

If they choose to pay, so be it

If they appeal it will be dealt with by the Council

If they do nothing the keeper will get a letter legally demanding they pay or name the driver as the driver is liable. The case will then go to magistrates for non payment of an ECN

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The OP hasn't been fined for parking in a parent and child bay its for not parking correctly within the bay markings, so its irrelevant whether its a bay for cars, bikes, parents, disabled or any other type of bay they care to mark.

 

Its an excess charge notice so discussing PCNs is pointless, the OP has three options: pay the fine, appeal to the Council or do nothing.

 

If they choose to pay, so be it

If they appeal it will be dealt with by the Council

If they do nothing the keeper will get a letter legally demanding they pay or name the driver as the driver is liable. The case will then go to magistrates for non payment of an ECN

 

 

the only reason i wasn't fully within the bay was that there is insufficient space on both sides to get the kids out safely. this is the only bay in the car park that DOESN'T have markings on either side. if there was markings on both sides I would have been in the bay.

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  • 2 weeks later...

SUCCESS! council backed down. They have said that they will adjust the bay to incorporate cross-hatching on both sides. Whilst this is a success I will need to watch out as the council is taking over parking enforcement from the Police!

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I think this shows up the difference between council and private parking "tickets". At least with the former there is a good chance your appeal will be successful if the evidence is strong enough. Contrast this with the average PPC where about 99.9% of appeals are automatically rejected.

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