My First PCN - & Appeal

[lordra]

Righto,

The first PCN in my life. Motorcycle. Permit Holder Parking only (not residential or blue badge, I’m guess office permits).

Points to note:
I’ve only been riding in my council for less than a month now.
Parking is almost always free in Worcester.

Details of event:
As you can see in the picture, this PCN was issued to be as I was alleged to have been parked in a Permit Holder Parking. Now, being the goof that I am, didn’t see the sign and didn’t see it written on the road either. This was the first time in Worcester (I mention it as it could be helpful) that I was actually parking somewhere out of a store parking or outside the house.

I’ve taken pictures, read through all the grounds for an appeal. Also, I was told that, in the MSE forum, to quote, “the bays have been altered from a 1028 / 1032 to a 1033 diagonal bay and they haven’t marked the dy up to the bay as they should have done, hence, technically speaking there then the appeal would be “contravention did not occur”.”

I’ve also enclosed a few pictures and from Street View so everyone can see better. Post Code is WR1 2LR.
http://img337.imageshack.us/img337/227/29082012214557.th.jpg (http://imageshack.us/photo/my-images/337/29082012214557.jpg/)
http://img835.imageshack.us/img835/3888/290820122145572.th.jpg (http://imageshack.us/photo/my-images/835/290820122145572.jpg/)
http://img196.imageshack.us/img196/3987/20120829162947.th.jpg (http://imageshack.us/photo/my-images/196/20120829162947.jpg/)
http://img31.imageshack.us/img31/1796/20120829162939.th.jpg (http://imageshack.us/photo/my-images/31/20120829162939.jpg/)
http://img189.imageshack.us/img189/4268/20120829194027.th.jpg (http://imageshack.us/photo/my-images/189/20120829194027.jpg/)
http://img215.imageshack.us/img215/9651/20120829194021.th.jpg (http://imageshack.us/photo/my-images/215/20120829194021.jpg/)
http://img28.imageshack.us/img28/9251/20120829194010.th.jpg (http://imageshack.us/photo/my-images/28/20120829194010.jpg/)

Apologies about the scarring, all my browsers give me the same issue!


If you refer to the pictures, I was not parked within the bay or on the double yellow line. Doesn’t that technicality count for something? So I wasn’t parking where permit holders were parking, technically.
I have a witness and pictures to prove the same. I returned to my bike (it was a job interview) an hour after the ticket was issued. No warden in sight.
Would like to quote the Highway Code that says under article 241:
You MUST NOT park in parking spaces reserved for specific users, such as Blue Badge holders, residents or motorcycles, unless entitled to do so. &
242: You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road

Can I use this? I think I tick both these boxes.
I’ve readied the template letters and will first send the informal appeal followed by the formal ones after feedback from you guys. What can I do at this point? Please advise!

[Ch00]

The pictures are too small, I cant read the ticket or view the location fully.

[yorkie_chris]

The pictures are too small, I cant read the ticket or view the location fully.

Try these
http://img337.imageshack.us/img337/227/29082012214557.jpg

http://img835.imageshack.us/img835/3888/290820122145572.jpg

[Ch00]

Now I can read the ticket (Thanks YC) Can't see the location pictures still!!

Appeal it on the based that you have not contravened that parking restriction. What you have done is parked on a yellow line and not in a residents bay. You have been ticketed for the wrong offence (the offence on the ticket has not taken place) and thats the end of it!!

Like I said I cant see the pictures so I reserve the right to change my mind when I can see them in a usable size (there tiny on my screen).

IS your VRM right on the ticket or edited for internet land?

By the power of google maps I have looked at the location and stand by my thoughts :D

[yorkie_chris]

Right click image, go to view image/copy image location/properties (then find location) depending on browser

http://img189.imageshack.us/img189/4268/20120829194027.th.jpg
looks like that

cut out the .th bit

gives you
http://img189.imageshack.us/img189/4268/20120829194027.jpg

ta daaa :)

[Ch00]

Your good you are YC!!!

Learn something each day cheers mate.


Failing that you have parked in no mans land. Neither in a marked bay or on the yellow line. No contravtion took place.

Council need to extend the yellow line.

[lordra]

SORRY SORRY SOWWEEE!! :D
My bad!
YC, you ARE brilliant! I wondered where and why I had messed up. Let me repost for the people in the future!

[lordra]

Post Code is WR1 2LR.
The images are now clickable!
http://img196.imageshack.us/img196/3987/20120829162947.th.jpg (http://imageshack.us/photo/my-images/196/20120829162947.jpg/)


http://img31.imageshack.us/img31/1796/20120829162939.th.jpg (http://imageshack.us/photo/my-images/31/20120829162939.jpg/)

http://img28.imageshack.us/img28/9251/20120829194010.th.jpg (http://imageshack.us/photo/my-images/28/20120829194010.jpg/)

http://img215.imageshack.us/img215/9651/20120829194021.th.jpg (http://imageshack.us/photo/my-images/215/20120829194021.jpg/)

http://img189.imageshack.us/img189/4268/20120829194027.th.jpg (http://imageshack.us/photo/my-images/189/20120829194027.jpg/)

[lordra]

Press Ctrl and -/+ to zoom in/out. Clickable smaller pictures here as well. No man's land, eh CH00? Cheers mate! Will post back the appeal letter. FYI, everything has been edited out. :)
And YC, thanks for the super info! I did learn something new today! Cheers mate!

[Mikey10]

I'm not expert but based on the images and what you say.

I'd fight it as your clearly in the right your bike's parked fairly, your not on the double yellow and your not obstructing anything apart from maybe the passenger door of the fiat but that not the councils problem.

[lordra]

I've sent the appeal, online, will do it in the office today. And will let you lads & lasses know how it goes. Cheers for the help fellas, much appreciated! :)

[Steve_God]

Have a look on the Pepipoo (http://www.pepipoo.com/) forum if you haven't already, there's a lot of handy advice too regarding challenging PCNs.

[BigFootIsBlurry]

It'll be interesting to see how this pans out as you're clearly not in the bay.

[Drew Carey]

I would say that they cannot ticket you for that......will be interested to see the outcome. However, not sure if you are aware, there is some fair decent bike parking in the city centre.

Do you know the car park behind Worcester Uni just past the Cathedral? Its Copenhagen street just off Deansway (opposite fire station road). They have bike bays which also have ground anchor posts - or did when I lived in Worcester. Very convenient for hops into town.

[lordra]

The only reason I parked there was because I was going for a job interview 3 doors away from where I was parked. And I live right in the middle of town, right behind foregate street station, so I really don't need parking, as I live in the centre of town!:mrgreen:

Anyways, thanks for that info, good to know. Nothing yet back from the council and will post back once I hear from them! :smt062

[lordra]

Have a look on the Pepipoo (http://www.pepipoo.com/) forum if you haven't already, there's a lot of handy advice too regarding challenging PCNs.

I've done that and will post back here!

[phil24_7]

Double yellow lines run from the edge of the pavement (the bit by the buildings) to the centre of the road, at right angles to the kerb. This means that you are not contravening the yellow lines, it also means that the council can't extend the lines as it would mean people parked in the end bay would actually be contravening the yellow line too! What the council need to do is put a yellow box in that little half space, but as they haven't, you have committed no offence. This is just some parking officer jobsworth trying to hit his quotas!

[lordra]

I was going though the council's website and I saw that they said, that it was illegal for them (PCOs) to have targets! Think that's true?:smt072

[Spank86]

Yes and no.

We dont have targets or quotas in my job but they do study statistics and you get your nuts felt if you're dropping behind everyone else.

[phil24_7]

There are also leaderboards or leagues in many jobs that aren't meant to have targets, which by virtue of what they are, highlight people that don't get as many of whatever they are judging!

[DaveRushton]

Lol thats annoying!! Around the corner you could park, but they pay and display machines there :/ Worcester on that sides a right pain! Nice bike btw! I live near the hospital have not seen your bike about!

[lordra]

Thank you Dave! It was just a one off though! I only park my precious at home! :D
Maybe we can meet up soon! PM me!
I've never met anyone from this forum before!

[lordra]

Just got this email:
Thank you for your enquiry, which was received on 4 September 2012, in respect of the above Penalty Charge Notice.

As I now appreciate that the Penalty Charge Notice should not have been issued, I can confirm that it has been cancelled and this matter may be considered to be concluded.

Please accept my apologies for the inconvenience this has caused you.

Sarah Batkin
Cleaner & Greener City – Worcester City Council

[Steve_God]

Win! \o/

[Drew Carey]

Wooooop woooooop.

Common sense has prevailed!!!! :D

[phil24_7]

Sweet!

[lordra]

Yeeaaaa BUDDY! :D

[lordra]

In case anyone would like to see the letter that was written:


To,
Parking & Enforcement Services,
Worcester City Council
Orchard House
Farrier Street
Worcester, WR1 3BB

Dear Sir or Madam,

Reference: Penalty Charge Notice number: WC****
Date of issue: 29th of August, 2012
Vehicle registration: ****

I received a parking ticket on the 29th of August, 2012, but I believe that the ticket was issued incorrectly as there is a technical aspect of this parking area involved. I would like to submit an appeal for the following reasons:

On 29th of August, 2012, my motorcycle was issued with a Penalty Charge Notice for the reason of Code 12.

In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur. The motorcycle was in a clear gap in-between the edge of the white marked bay lines and the end of the Double Yellow Lines. It did not touch the Double Yellow Lines and it did not touch the parking bays. Hence, I did not park in/on the bays and therefore, section 12 does not apply. A parking place is indicated by prescribed bay markings and I did not park within any prescribed bay markings. The CEO has clearly made a mistake; clearly no contravention has occurred and the PCN should be cancelled.

Please find enclosed evidence to this effect, in the form of a photograph. As you can see, it is clearly evident that I have not broken any rules as I have not parked in the bays or on the Double Yellow Lines.

For this reason I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days. Please also note, that I am asking for the 14 day discount period to be put on hold and re-assigned (if required), in the future.

Yours sincerely,

[Ch00]

Nice one!!

[tonyk]

Well done, fight tooth and nail for your rights.

[lordra]

Cheers guys! :)