Notice of Rejection of FR - Bexley Council - Parked beyond bay markings

[MrDCLondon]

Hi Everybody,

 

On the evening of the 19th of August, I parked in a Council run car park (OAKLANDS RD car park) that falls under the remit of the London Borough of Bexley.

 

Paid my parking fee for a few hours, and later returned to find a PCN affixed to my vehicle stating contravention 86 - parked beyond the bay markings.

 

I do not disgaree with the contravention entirely, yes - I am outside the bay markings and accidentally parked with my rear axle extending into the bay behind my car...I can only attribute this to a misjudgement on how long my car was (I had only bought it a few days before the PCN!), the fact it was late at night (about 10pm) and that I was desperate to use the toilet so parked in a hurry.

 

What amazes me is that the car park, although able to fit about 150-200 cars in it, was empty to the point of about 5 cars in total..so I don't see how I've caused an obstruction to anyone or commited any REAL offence.

 

I challenged the Notice to Owner with the below case:

 

"I refer to your Notice to Owner sent to myself on the 04/10/2011 relating to vehicle xxxxx and PCN xxxxxxxx, and wish to make a representation and challenge this notice due to mitigating circumstances.

Attached are photos I have taken of the Oaklands Road car park on the night of this contravention – you will note how empty the car park is, and indeed you can see this from the pictures your CEO has taken to support his case.

In this instance, although it is clear your CEO was following the rulebook laid down, I do not understand why he did not use his discretion on this occasion. My car, although true it was slightly out of the bay markings, was not causing an obstruction to anyone and there were a multitude of car parking spaces available for other road users.

Having paid the parking charge on the day, I do not feel that I should be liable for this PCN and gratefully request you cancel this notice immediately."

 

As expected, today I received back a Notice of Rejection of FR with the reasons for the Council's decision stating

 

"Whilst we have noted your comments, the circumstances you have described and the images attached to your email, the London Borough of Bexley does not consider that sufficient grounds have been established to warrant the cancellation of the PCN. The tariff boards posted in the car park state that motorist's should "park within marked bays at all times" and that "failure to comply may result in a penalty charge"

 

I've attached photos of the car park I took on the date of contravention.

 

Before I make any form of decision to appeal or pay, can I get some advice please on what you feel I should do? Do I have a case to make still?

 

Many thanks,

 

DC

[Jamberson]

I presume at the moment they are offering you the option of paying the discount? You need to decide whether to pay or fight, because if you fight it, you will not be offered the discount again. I'd say your chances are 50/50.

 

You don't appear to have a solid case, but this is a classic example of common sense not prevailing. If you decide to fight it, you'll need to wait for an NTO then write in again restating your appeal. They will probably reject it, but if they do you can take it to an adjudication hearing and plead for some common sense to be applied - and I think you have a chance there.

 

The CEO was correct to issue it - that's his job - but the council are being unreasonable about enforcing it.

[Al27]

What are the lengths of the spaces? By the looks of it your car could never have fitted.

 

If the council have marked spaces that only small cars can fit into, I would say the onus would be on them to make such a restriction clear.

[Jamberson]

It's a big car and it looks like all four wheels will fit inside the line.

[MrDCLondon]

Hi Jamberson,

 

I am already at the stage where the council have sent me an NTO which is why I've received a Notice of Rejection of Formal Representation.

 

I agree, common sense should prevail and thats the case I'm thinking of taking to the Appeals service. Do the adjudicators have the ability to cancel PCNs on the basis of common sense?

 

AI27, hadn't thought about bay length before. Will measure the bays, although gut feeling says they would JUST ABOUT be big enough.

 

Thanks for your help so far!

[green_and_mean]

I dont think bay size will help there is no legal bay size and the adjudicator will probably just say you had the option of not parking if you didn't fit, its only mitigation which is beyond PATAS remit.

[Jamberson]

Do the adjudicators have the ability to cancel PCNs on the basis of common sense?

 

Now I think about it... no I guess they don't. You've got nothing to lose though, except time. Meanwhile, you could send your pictures and a letter to the local paper. They might run a story on it - they like these sort of "councils gone mad" stories. Or, you could try contacting a local councillor or even MP and ask for some support - that can sway things as well. The council should be seen to be acting reasonably.

[MrDCLondon]

Love that idea Jamberson - shame the Council...even if I do end up losing the case, I may have restored karma that way!

 

green_and_mean - the PATAS letter I've got through with the Notice of Rejection DOES make statements saying the adjudicators WILL consider mitigating circumstances, I don't have the exact wording to hand. Are you sure about that?

[Al27]

PATAS can rule on mitigating circumstances, but in cases where they are of the opinion the council should use its discretion, they can only ask them to cancel.

[Jamberson]

There is an element of mitigating cirumstances. You could try.