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Advice on fighting a Penalty Charge Notice


Throttled
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During our annual visit to Yorkshire, I got a Penalty Charge Notice for parking on a raised area of road, which according to Scarborough Council is a crime under Sec 86 of the Traffic Management Act 2004 (which does not apply in Scotland).


The raised area of road was marked with 20mph markings on the road and 20mph signs and was one of three where we were staying that was near to a primary school. I thought it was only to show where the 20mph zone started and ended, I did not know it was a no parking place.


I have pointed out that section 243 of the Highway Code they quoted is about dropped kerbs and this was not a dropped kerb. I have pointed out that there was still space for pedestrians, prams and motobility scooters to get past the car. I have pointed out there was no white line to indicate no parking, which they suggest was there. I have pointed out that nearby were various signs and road markings to show no parking, so why was there nothing where I parked? I have pointed out that there was nothing to show I was in a "Special Parking Area".


They want £35, or £70 if I pursue this further. Is this a serious thing that could get very expensive if I fight it? Or is it a bluff that carries little to weight?


I am not a crusade to take on a council and rack up lots of bills to fight £35. But I don't want to pay for parking where there was nothing to show that I should not have parked there.

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This is taken from our council bla bla site


Enforcement of Dropped Kerbs

The Parking Enforcement team can be contacted on 0191 2772739 between the hours of 6.30am to 9.30pm, Monday-Saturday or 8.00am to 5.30pm on Sundays.


The contravention of parking adjacent to a dropped footway applies where a vehicle parks on the road next to a place where the footway, cycle track or verge has been lowered to the level of the carriageway (or where the carriageway has been raised to the level of the footway, cycle track or verge) to assist:


pedestrians crossing the carriageway;

cyclists entering or leaving the carriageway; or

vehicles entering or leaving the carriageway across the footway, cycle track or verge

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This is taken from our council bla bla site


Enforcement of Dropped Kerbs

The Parking Enforcement team can be contacted on 0191 2772739 between the hours of 6.30am to 9.30pm, Monday-Saturday or 8.00am to 5.30pm on Sundays.


The contravention of parking adjacent to a dropped footway applies where a vehicle parks on the road next to a place where the footway, cycle track or verge has been lowered to the level of the carriageway (or where the carriageway has been raised to the level of the footway, cycle track or verge) to assist:


pedestrians crossing the carriageway;

cyclists entering or leaving the carriageway; or

vehicles entering or leaving the carriageway across the footway, cycle track or verge

 

My point is, how was I supped to know that? Normally parking restrictions are signed in some way.

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The photo they showed makes it look like the car is blocking pedestrians from crossing, but I have photos to show it is not.


I will wait to see how the council responds and go from there.

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I tried fighting a parking ticket myself once, parked my bike in spaces marked as "cycle parking" I tried arguing that I was parking a motor - cycle, and the sign did not differentiate between powered and unpowered.


I didn't get anywhere with it and just caused myself a load of stress, the funny thing was though that they changed the sign to read "pedal cycles only"!


I would personally just bite the bullet and pay up, not many tickets get overthrown, or don't seem to be anyway.

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I tried fighting a parking ticket myself once, parked my bike in spaces marked as "cycle parking" I tried arguing that I was parking a motor - cycle, and the sign did not differentiate between powered and unpowered.


I didn't get anywhere with it and just caused myself a load of stress, the funny thing was though that they changed the sign to read "pedal cycles only"!


I would personally just bite the bullet and pay up, not many tickets get overthrown, or don't seem to be anyway.

 

According to Money saving expert, 56% of appeals are successful and I have a chance because there was no signage to show that there was no parking at the place I parked, it was a first offence and I made an honest mistake.

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Dont pay it and appeal it thro there independent person .as there is no signage you win . But the council hope you just say sod it and pay stand your ground . As far I know if you lose all you pay is the original amount it cant go up as you appealed it . . Stand you ground dont pay .

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I tried fighting a parking ticket myself once, parked my bike in spaces marked as "cycle parking" I tried arguing that I was parking a motor - cycle, and the sign did not differentiate between powered and unpowered.


I didn't get anywhere with it and just caused myself a load of stress, the funny thing was though that they changed the sign to read "pedal cycles only"!


I would personally just bite the bullet and pay up, not many tickets get overthrown, or don't seem to be anyway.

 

According to Money saving expert, 56% of appeals are successful and I have a chance because there was no signage to show that there was no parking at the place I parked, it was a first offence and I made an honest mistake.

 

Good luck mate I hope you win your appeal :thumb:

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This isn't strictly relevant to your situation, but many years ago I had a friend who tried to contest a speeding fine by claiming that the female police officer who clocked him had flashed her tits at him, and he was trying to escape her unwanted sexual advances. Suffice to say it all went very wrong for him from that moment onwards, but it was quite amusing for the rest of us.


:D

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Am sure if you wish to appeal you must do so before paying and within a set period(14days) this then puts a hold on the payment requirements until the appeal is heard .

If successful no payment required .

If unsuccessful you are then required to pay however you still have the reduced payment option available for 14 days from appeal ruling .


So appeal ... It doesn't cost you any more than paying immediately



https://www.scarborough.gov.uk/home/parking/penalty-charge-notice-procedures

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