Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2535 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hoping someone can advise me of how best to 'Make Representations (following Notice to Owner)' and if it's rejected to the London Parking and Traffic Appeals Service (PATS). It's a PCN from my local council, a London Borough, and the contravention is '23 - parked in a parking place or area not designated for that class of vehicle'. I just received the Notice to Owner today.

 

Normal parking restrictions in the road I live in run 0830 to 1730 but right in the middle is a short 2 bay length which is a motorcycle bay. It has no signage on it showing different hours - there is no sign on a pole at all, only 'Motorcycles Only' painted in the road in the bay. People arriving home late at night and leaving early in the morning often leave their car in it as it never has any motorcycles parked in it at night. I cannot believe my council thinks this is a worthwhile use of our money but they sent a traffic warden round on a scooter to our quiet residential side street at 3-30am for the sole purpose of ticketing any cars in the motorcycle bay. I'm incensed on principle! It was after midnight when I parked there and there were no motorcycles there, and none there when I left at 7.00am next morning

 

Initially I wrote to council saying there was no signage on motorcycle bay so I reasonably expected the parking hours to be the same as rest of the road. They wrote back saying the bay didn't need signage as if there was no time shown on a bay it operated 24/7 365 days a year by law so they wouldn't cancel the ticket. If I wanted to make formal representations - which I do - wait until Notice to Owner arrives.

 

Looks like I have to tick a specific reason for appeal. Of the options A - H most likely seems to be G 'there has been procedural impropriety' by the Council. It's oppressive enforcement for no purpose other than raising money? Bay should have been signed because it's surrounded by 8-30 - 17.30 bays and it was surely entrapment not to sign it voluntarily even if no strict legal obligation? Could I use these? Should signage have been a pole as well as on the road - hard to read the painting on the road as no street light near it? Any other arguments I could make - I accept I was parked in the motorcycle bay at 3.30am.

 

The sole reason the bay was put in our road a few years ago was because it's outside a motorcycle repair garage and during the day they put their stock in it because they've no room inside. That’s why it's empty at night, almost never used by residents. Could I challenge on grounds that it was an improper reason for putting bay there in the first place, it was put there for garage's commercial convenience not for traffic management?

Edited by Ethel Street

Share this post


Link to post
Share on other sites

It says 'Motorcycles Only' but you parked there. What appeal can there be.

Share this post


Link to post
Share on other sites
It says 'Motorcycles Only' but you parked there. What appeal can there be.

 

Sorry Conniff, I didn't realise I had to have a cast iron case before asking for help here. I object in principle to excessive enforcement by my local council not related to traffic management and explainable only by using it as a source of revenue from local residents. If merely having your car in a bay the council say it shouldn't have been in justified 'What appeal can there be' the PCN forum would be redundant. I was hoping someone could help me make the best of my case even if it isn't strong but thank you for your interest anyway.

Share this post


Link to post
Share on other sites

I'm almost certain that years ago, any stopping/waiting/parking restrictions had to be clearly displayed by the use of a second, if not a third different means. Double yellow lines had to be accompanied with a sign and possibly additional yellow markers on the kerb, just in case one of the methods was obscured or otherwise invisible (a large vehicle parking in front of the sign for example).

 

Same with box junctions, they had to have a lead in warning at the side of the road.

 

The 'wait for the Notice to Owner' is also a 's'c'a'm' as it allows the local authority to pass on the fee they need to get detail from the DVLA, and its easier to reject the whole appeal on this basis. Writing something to contest should be naturally be done as soon as is feasible.

Share this post


Link to post
Share on other sites

just because other cars park there, and it is marked " motorcycles only" does not give you the right to abandon your car in the motorcycle parking area

other cars will be getting tickets too no doubt

why should you get away with parking there when you know you shouldnt of done

Share this post


Link to post
Share on other sites

This is just my own opinion, but as the others have said, technically you have committed the offence so there aren't any grounds for appeal (unless you can prove the signs or road markings, PCN etc... are not legal in some way). You may not like it but I know from experience that arguing that it's a [problem] or revenue raising exercise is going to get you precisely nowhere with the council or with PATAS.

Share this post


Link to post
Share on other sites

You don't need a cast iron case. I was just stating the obvious. I also hate the revenue raising all around us. Where I live, it has just been published in the local paper that the council is making £45 per minute from bus lane cameras. The bus lanes in question are having a rush hour if they get 20 buses per day in them.

Share this post


Link to post
Share on other sites
It says 'Motorcycles Only' but you parked there. What appeal can there be.

 

Thats a good point. You only have 5 grounds for appeal and I dont beleive parking a car knowingly in a designated motorcycle space is one of them.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...