Appeal a PCN - what's my chances?

[Loz14]

Hi,

 

My friend has just received a PCN for parking in a pay and display zone using a visitors permit! She was parked there for 2 hours displaying a resident visitors permit - we honestly thought that permits were valid for the whole street.

 

The street has pay and display at either end and permit parking between. Do we have any grounds for appeal or can anyone suggest how we might be able to successfully challenge?

 

Thanks

Loz14

[lookinforinfo]

I don't see that you have a chance using that defence.

 

Your alternatives are faults or flaws on the PCN or the road signage.

[Loz14]

Thanks for the reply! I'm not suggesting that this is what we will use as a defence, but looking for advice on what reasons we can site as a ground for appeal.

 

What constitutes as a fault/flaw on the pcn? I'll have to check out the road signage - but somehow suspect local Council have this covered, but you never know.

 

I just feel its a bit unfair to issue a PCN when there was no attempt to avoid parking charges - a voucher was displayed as opposed to the pay and display ticket. A limited number of resident vouchers are issued to each address per year and quite honestly pay and display would have been the preferred option had we have known the voucher was not permitted.

 

Furthermore, if we cannot use this in defence surely there is a case to have the voucher replaced?

Edited January 3, 2013 by Loz14

[green_and_mean]

It may seem unfair but if you didn't have a permit and wanted to use pay and display only to find they were all filled with permit holders you would probably see the logic. If you admit you parked there for 2 hours you are unlikely to get anywhere if only you had been in a permit bay earlier hence the permit but had returned and were using the pay and display for some legitimate reason without paying such as unloading goods, dropping off a child etc you would stand more chance but I obviously do not know what you did that day.

[lookinforinfo]

It states quite clearly in the T&Cs for visitors permits that they cannot be used on pay and display bays.

 

There is no mention of what happens when a voucher is used in error. Though it does say that the permits are non refundable, not transferable and cannot be resold, none of which applies

in your case. You could explain the circumstances and see if they will replace the permit but they could always turn round and point out that you could have used the permit for the rest of

the day in another bay or bays.

 

There are many ways in which councils can and do fall foul of the relevant Traffic orders though most now seem to have their PCNs more in order now.

[Loz14]

It states quite clearly in the T&Cs for visitors permits that they cannot be used on pay and display bays.

 

There is no mention of what happens when a voucher is used in error. Though it does say that the permits are non refundable, not transferable and cannot be resold, none of which applies

in your case. You could explain the circumstances and see if they will replace the permit but they could always turn round and point out that you could have used the permit for the rest of

the day in another bay or bays.

 

There are many ways in which councils can and do fall foul of the relevant Traffic orders though most now seem to have their PCNs more in order now.

 

Thanks! You make some very valid points!

[Loz14]

It may seem unfair but if you didn't have a permit and wanted to use pay and display only to find they were all filled with permit holders you would probably see the logic. If you admit you parked there for 2 hours you are unlikely to get anywhere if only you had been in a permit bay earlier hence the permit but had returned and were using the pay and display for some legitimate reason without paying such as unloading goods, dropping off a child etc you would stand more chance but I obviously do not know what you did that day.

 

Thanks! We will appeal and see what happens! Long shot it seems.