PATAS - w/c 1 July 13

leg it before the parking ticket is affixed

Another week has already flown by. A good week for the motorist with 70% of appeals leading to cancelled parking tickets ( 47 out of 67 ). Cancelled tickets worth mentioning include:-

- a copy of the PCN was not produced so that was that (twice)
- motorist drove away before the PCN was even started
- Photographs not dated/timed. Boarding exemption applied anyway
- the council failed to respond to informal representations (the PCN says they will)
- see what the independent adjudicator said about signs:

The motorist is required to comply with all lawful regulations relating to parking controls, but this requirement is subject to the Enforcement Authority erecting signage that accords with its legal obligations under Regulation 18(1)(a) of the Local Authorities Orders (Procedure) (England and Wales) Regulations 1996 which obliges a traffic authority to take such steps as are necessary to secure that, where a traffic regulation order has been made relating to any road, traffic signs are placed and maintained "on or near the road... in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road."

I am not satisfied that the provision of payment information facing inwards to the footway accords with this requirement and find that the alleged contravention cannot be pursued.

So, all those PayByPhone signs that face the pavement are the wrong way around and are the grounds for your appeal quoting PATAS case number 2130230750 in support. The idea being for PayByPhone that you can do it all without leaving your seat in the car and if one sign faces the road and the other faces the opposite way, then you can't.

 

- the Notice to Owner was served more than 6 months after the PCN. This is expressly forbidden.

- marginal overhang of a dropped kerb.

- Loading (always good if you can produce genuine paperwork)

- The traffic management order and the sign about loading were different

- no proof that a bay was suspended

- dropped footway not visible (photos taken after dark are useless)

- a June 11 PCN was cancelled as the sign faced the hedge.

- the council didn't prove 3 March 13 was an Event Day (Saracens Zone)

- more notes by an independent adjudicator

 

One of the issues raised by the appellant was that a Penalty Charge Notice issued on 2 nd October 2012 had been removed by a civil enforcement officer and therefore it was not received by the appellant depriving him of an opportunity to settle the Penalty Charge Notice at the discounted rate. The local authority has not dealt with this issue. In the absence of a response from the local authority I allow this appeal on the basis that there has been a procedural impropriety.

 

- failed to deal properly with representations by an agent
- a 6 month delay had occurred in the process
- vehicle had broken down (two of these)
- the dropped kerb was that of the motorist
- the dropped kerb was to a bin store so not for a vehicle, cyclists or pedestrians.
- cctv evidence for a bus lane was poor

Keep on putting those appeals in. They are fun.

Yours appealingly

Miss Feezance