Residents Bay or P&D Bay

[benn133]

I have uploaded all the files for viewing to my dropbox which can be accessed by the following link.

 

https://www.dropbox.com/sh/30ay5qiynaugl9p/AADand9mVR4yeqIcMqQrbbT7a

 

On 02/05/14 I drove northbound up Southampton Row, and turned left into Bloomsbury Place WC1, and saw a parking place directly on the left hand side.

 

Upon parking the view from my windscreen was a P&D payment box, and next to it a sign. I sat in my car and made payment by phone, following instructions on the sign I was looking at.

 

Upon returning I didn’t even notice I had been given a ticket, was only about half hour later when using my windscreen wipers that I notice the yellow packet sweep across my screen.

 

I my files you can see the Ringo payment, and from the photos I took on going back to the scene, I would have been parked where the black jeep is behind the white car.

 

In the pictures taken by Camden council, yes you can see I am parked in what appears to be a residents bay, however this was not seen from the angle of the driver only the P&D sign next to the tree. There is nothing on that sign to indicate that only the one single bay to the right of the sign was in fact a pay & display bay, but the one to the left was not.

 

I made an initial appeal against the PCN which has been rejected, a copy of their email is included in the files.

 

What puts a further spanner in the works in this particular case is that this is a company car, with the car owned by Alphabet leasing. Their policy when they receive a Notice to Owner is they will pay the charge, and then re-invoice my company + a nice admin charge, then someone will chase me for the full amount. In my experience once a PCN is paid you lose your right to appeal. So not sure how to go about this further complication.

 

So bit of advice would be welcome, if you think I do have a case worth appealing let me know, but again if I have been caught fair and square and is a lack of judgement on my part, also let me know and I’ll just pay learn by experience.

[Jamberson]

I don't see how you can defend this. The sign is slap bang next to the car. If you didn't see it, that's down to you - you can't use that as a reason to get the PCN cancelled. There's nothing apparently wrong with the signs or lines.

 

Moreover, the person liable will be the vehicle owner, and only they will be able to appeal from here. As you've said, they will pay it when the NTO arrives and invoice your company - so I don't think you can even appeal any more.

[benn133]

Someone mentioned to me that I have been given the wrong contravention code and that it should be 19u and not 12u.

 

Any thoughts on this one?

[Jamberson]

...

[Jamberson]

Code 12 is "Parking in a residents’ or shared use parking place without clearly either a permit or voucher or pay and display issued for that time"

 

Code 19 is "Parking in a residents’ or shared use parking place displaying an invalid permit, an invalid voucher or an invalid pay and display ticket"

 

So if you were in a residents bay without a permit of any kind, then code 12 is correct. If you had a permit, but it was invalid for some reason, then a code 19 is correct.

 

But in any case, as I said, only the vehicle owner will be able to contest it from here on.