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Found 2 results

  1. Good Evening Thank you all so much for adding value with such a thread. I have a very similar situation. I have mistakenly parked in a business only bay as opposed to a residents' bay. I only have 1 PCN to deal with (thank god!). I would like to seek advice and I hope someone can guide me as I have appealed and have been rejected once already. Basically, I parked up at night and I did not see the sign which was obstructed by a tree, firstly it was bent (so as to be hidden under the tree) and overshadowed by the tree (especially from the direct which I was travelling from). The PCN officers have cleared the sign of the branches and have taken pictures where it appears as if the sign is clearly visible. The tree is in very close proximity (up to 30-40cms) away. I had parked at night and there were no clear lightings within close distance. Also, there is no marking on the road to indicate that this is a business only bay. I have pictures with the tree clearly obstructing the tree. They have the opposite. Do I have any argument here? My letter is below for reference: I had parked on Downham Road, N1 at night on 3/06/2014. I hold a Zone H permit. However, I was unable to see this very sign as I was driving towards the direction the car is positioned towards and the tree obstructed my view, and coupled up with the darkness of this night, I took notice of the nearest obvious notice (pole 3 on Downham Road) I saw that it was permit holders zone H and pay and display. I have attached a photo of this and my permit. Otherwise, I would not even consider parking in a business holder only bay as I am legally allowed to park on Downham Road since it is within zone H, evidently I have not noticed the sign. If you also consider picture number 4, you can clearly see that this tree is obstructing the view. However, my photos taken when I arrived show more clearly that this tree was obstructing the sign, also attached. When you consider picture number 10, it is obvious that the PCN officer also thought the sign was unclear, feeling the urge to move the branches and leaves obstructing the sign in an effort to take a clearer photo of the sign. I do not understand why branches have been moved to create a ‘perfect’ scene for a PCN. This sign is also bent leaning backwards (attached) which means deflecting lights would render this sign unreadable at night and this pole has not been rectified where it is being overshadowed by the tree misleading drivers. It is immediately next to the tree which makes it unnoticeable. Another issue is the misleading nature of the zone letter, it should be denoted distinctively, such as H-B. Otherwise, this need be justified. Furthermore, there needs to be a clear marking on the road (similar to disabled bays), to denote that the bay is strictly business only since then I would have then easily realised that this was inappropriate. I would like this PCN to be cancelled as I shall not be held accountable for a sign post that has not been erected clearly to be noticeable and is being obstructed by a tree. As dictated by “Regulation 18(1) of The Local Authorities' Traffic Orders (England and Wales) Regulations 1996, it is a council's obligation to maintain signs/markings is to be found whereby an obstructed sign and poor markings are not enforceable as ruled by Obscured signs and lack of lines (MK301) and “Restriction sign obscured by foliage (MK 329)”. I am utterly disappointed with this treatment and would like to kindly ask for this PCN to be revoked as it has risen from a misfortune. I believe I am unnecessarily being victimised due to poor signage on a public road where I have a valid permit to park on Downham Road. I will be looking forward to your response.
  2. I got the following notice, having paid and displayed the ticket but seemingly parked in a permit bay on a SUNDAY when it wouldn't even be used by permit holders in any number. I wasn't aware I'd parked there and although they were markings on the floor they were not in a good state of repair. NOTICE OF BREACH OF TERMS AND CONDITIONS OF PARKING AT A CAR PARK OWNED OR MANAGED BY NATIONAL CAR PARKS LIMITED Location: Shenfield Station SP Contravention: Parking in a permit bay without clearly displaying a valid permit Parking Convention Charge of £75 is now payable within 28 days. A discounted amount of £50 will be accepted as full and final settlement if received within 14 days. I'm sitting tight on the advice here, and successful conclusion it seems!
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