Help writting a Challenge to a PCN please :)
Turbo Mini Forums

Hey guys!

So I was parked on Gosford Street in coventry (those of you who are in the area) and bascially I was given a PCN but not all the cars parked in the same area as me were. I have a feeling the no loading sign thats been put up is not up to the regulations either but I am not 100% sure on this, furthermore I have never written a challenge before so any advice/help would be awsome!

Heres the facts:

There was no road markings
"No Loading" signs (image below)
Only cars outside of what looked like a slabbed parking bay area were given PCN's
There is no signs stating where you can park, how long for and between what times
The PCN state my car make as "MINI" when in fact it is Austin, which is clearly on my tax disc for all to see.


I have been over to ticket fighter, but cannot find a sign that fits the one matching mine and I am unsure which regualtions to site.

These are the arguments I've written for my challenge so far:

Make of my vehicle is wrong. Upon inspection of my V5C registration document it is clearly listed that the make of my vehicle is “Austin” the V5C document goes onto state that my car was manufactured in 1984. The PCN has documented that the make of my car is listed as “MINI”, Mini is a German car manufacturer that was founded circa 2001, which clearly shows it is impossible for this car manufacturer to have built my car, furthermore my tax disc clearly shows that the make of my car is in fact “Austin” and I have included a scan of my tax disc below to demonstrate this. The tax disc in my car is very visible from the outside and thus the Civil Enforcement Officer should have been able to read the information that is displayed.

Not all cars were given tickets. When I returned to my vehicle I had noticed that not all of the cars parked in the same area as me were given PCN’s, there was no signs or road markings to display where it was appropriate to park a vehicle neither was there an upright sign to tell the road users how long they may park their vehicle there for and what time that parking in this location is acceptable. At the time of writing there was no double yellow lines on the road to show that parking there was dis-allowed; furthermore there is nothing to distinguish individual bays on Gosford Street neither was there any form of sign or individual parking bays to tell road users where parking is acceptable, how long it is acceptable to park there for and between what times parking is acceptable. This leads me to believe that being given a Penalty Charge Notice was wither victimisation or it was due to the council incorrectly sign posting acceptable parking areas within Gosford Street. I have included pictures (below) taken from the scene to show the road being clear of markings and the other cars parked in this location being free from PCN’s.



Here are the piccies (I have included a scan of my tax disc on the letter but not on here)










Any further help on this would be great! Im going over to the scene now to get some pictures for you to see the whole picture as well.

Cheers!

Craig :)

Edited by Craigie-B on 7th Nov, 2011.

Forget the make of car, it irrelavent.

To me it looks like you're parked on the pavement?

Fastest 998 mini in the world? 13.05 1/4 mile 106mph

Kind of, but everyone else that was parked infront of me didnt receive one, just been up there and grabbed some pictures and will update now. There was an information sign I noticed that said the cars exempt were ones "parked within marked bays" however from what I understand the bays have to be individual not a massive one like it is. I've gotten some pictures of that as well - on mobile broadband so may take a bit of time to upload just bear with me :)

Okay Update, heres some piccies aas of 10 mintues ago:

My car was where the blue beemer is - notice theres no parking ticket



This is a view of the whole scene - there is no signs related to parking whatsoever



This is the other side of the road, again no signs related to parking:



This is the information related to bays:



After I moved my car:



Notice its a single bay:





Therefore upon reflection, there should be a sign in the middle of both bays as, in my opinion, they are both within 30m of length - both start and end with single markings unfortunatley. However From what I have read there should be an upright sign stating timings when it is feasable to park in that bay.

My questions to you guys are now the following:

Is the sign in my first post legal?
Is the bay legal because it does not have white lines ?
Do I have a case because there is no signs regarding the parking?


Cheers

Craig

Just stick your appeal in. Over 50% of parking tickets get over turned.

Just read over here:

http://www.appealnow.com/parking-tickets/p...et-lines-signs/

No loading signs must have kerb markings to be enforced and luckily for me there was none and I have photo evidence.

I agree, stick it in. Just state no road markings or sinage. I don't see how you can be expected to know.

Fastest 998 mini in the world? 13.05 1/4 mile 106mph

yeah Just finished it up, ill print it off now. I'll post it up if your interested:




To whom it may concern,

I am writing to formally challenge the above Penalty Charge Notice.
I have 2 main causes for writing this challenge each are documented below.

Make of my vehicle is wrong. Upon inspection of my V5C registration document it is clearly listed that the make of my vehicle is “Austin” the V5C document goes onto state that my car was manufactured in 1984. The PCN has documented that the make of my car is listed as “MINI”, Mini is a German car manufacturer that was founded circa 2001, which clearly shows it is impossible for this car manufacturer to have built my car, furthermore my tax disc clearly shows that the make of my car is in fact “Austin” and I have included a scan of my tax disc below to demonstrate this. The tax disc in my car is very visible from the outside and thus the Civil Enforcement Officer should have been able to read the information that is displayed.


Parking Bays do not have signs. I have noticed that the “parking bays” do not have signs that state the regulations of parking there. As far as I am aware a bay must have signs 5m from each end, further more bays that are larger than 30m must have a signs inside the bay that are no more than 30m apart. The bays on Gosford Street have no signs what so ever describing the parking regulations within them and are therefore invalid.

Loading signs do not have kerb markings. The no loading signs that you have placed within Gosford Street are stated to be temporary however the information that you have posted up states that this temporary sign may be enforced for more than several months, therefore paragraph 6.29 of the Traffic Signs Manual states if the temporary prohibition is likely to last for several months, consideration should be given to providing more permanent signs, together with appropriate road markings, in accordance with para 6.6”. Paragraph 6.6 of the Traffic Signs Manual states that “these signs must be accompanied by the kerb marks to diagram 1020.1”. Please see photo evidence below for the above arguments:


Hence I trust the PCN will be cancelled.

If you do wish to pursue the PCN then please enclose with your response a copy of the relevant Traffic Order and consider this a request under the freedom of information act.

Yours Sincerely,
Craig Breward

As above, the bit about MINI and Austin is bollocks. I would remove that bit and focus on the signage errors.

Okay I'll take that bit out, just got a much clearer picture of the curb and noticed the notice says it may be there for up to 18 months.

Thanks for your help guys im going to hand deliver it to them tomorrow

Cheers again!