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#Post#: 12556--------------------------------------------------
Re: North Yorkshire Council, Code 87 parked in a disabled bay,
Weaponness Valley Road Car Park
DIR By: fraser.mitchell
Date: December 16, 2023, 11:49 am
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OK. so here's the satellite view showing the disabled spaces
with the normal ones adjacent.
HTML https://www.google.com/maps/place/Ashburn+Rd,+Scarborough/@54.269939,-0.4138019,115m/data=!3m1!1e3!4m6!3m5!1s0x487f47f6ebb70b21:0x1b8899e44675538b!8m2!3d54.2711645!4d-0.4137061!16s%2Fg%2F1tgnln8f?authuser=0&entry=ttu
--- Quote ---
> It was dark and in my rush it turns out that I hadn’t quite
cleared the disabled spaces and ended up parking in one, which I
didn’t realise until I came back out with a PCN on my
windscreen. I have been around the whole car park and there are
no signs whatsoever to signal that this is a council car park or
to say PCN’s may be issued.
>
--- End Quote ---
Although you say it was dark there are street lights. Weren't
these turned on ? Having looked at the satellite view, plus GSV
and your photos, I think you'll struggle with this and would
have to take them to the Traffic Penalty Tribunal for an
unbiased judgment.
Points for your appeal to TPT
1. no signs whatever giving the car park conditions
2. disabled bays not signed at all
but that's about it, I'm afraid. Whether these would win at an
adjudication, I'm not sure, as the markings on the car park
surface are very clear, and the whole car park is lit. I think
the key words in your narrative are : -
"I was late getting to the sports centre to play football and
was in a rush"
So clearly didn't check your parking.
YOu still have the discount available, so must decide whether to
pay this, or wait for the Notice to Owner to submit formal
representations. At the NtO stage the discount option is lost,
but they may re-offer it although its not a legal obligation.
It all depends on your attitude to risk: -
"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win or lose it all!
Earl of Montrose
(he lost and was executed in Edinburgh: -
HTML https://en.wikipedia.org/wiki/James_Graham,_1st_Marquess_of_Montrose)
If you lose, it won't be quite so painful !
#Post#: 12560--------------------------------------------------
Re: North Yorkshire Council, Code 87 parked in a disabled bay,
Weaponness Valley Road Car Park
DIR By: Fowler1981
Date: December 16, 2023, 12:55 pm
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Well thanks for the help. I really thought the fact there are no
signs would have made it a slam dunk.
#Post#: 12567--------------------------------------------------
Re: North Yorkshire Council, Code 87 parked in a disabled bay,
Weaponness Valley Road Car Park
DIR By: fraser.mitchell
Date: December 16, 2023, 5:22 pm
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--- Quote from: Fowler1981 link ---
>
> Well thanks for the help. I really thought the fact there are
no signs would have made it a slam dunk.
>
--- End Quote ---
I wish !
Problem is the council are extremely unlikely to give way even
if you submit reps to the Notice to Owner, so you'd end up at
the Traffic Penalty Tribunal. Doing all this means the discount
is lost. So if you're a gambling man, go for it !
#Post#: 12845--------------------------------------------------
Good news!! Re: North Yorkshire Council PCN CANCELLED, Code 87
parked in a disabled bay, Weaponness Valley Road Car Park
DIR By: Fowler1981
Date: December 23, 2023, 5:11 am
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So I replied to North Yorkshire Councils rejection of my PCN
appeal with the following:
Thank you for your response to my PCN challenge. I would like
you to send me a Notice to Owner as I will be making formal
representations. Could you please send me the relevant Parking
Order that you refer to and based your decision on not to cancel
the PCN as the only one I can find is from 2012 that relates to
the old coach park and does not cover the disabled bays.
Thank you for your time
In just a few hours I received the following reply from them
cancelling the PCN.
HTML https://i.imgur.com/YWMnw3r.jpg
Essentially what they have said is 'Dear Mr Fowler, as you
appear to know what you’re talking about we have decided not to
gaslight you on this occasion'
#Post#: 12851--------------------------------------------------
Re: North Yorkshire Council, Code 87 parked in a disabled bay,
Weaponness Valley Road Car Park
DIR By: John U.K.
Date: December 23, 2023, 6:09 am
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Nevertheless, it is refreshing (and depressingly rare as hen's
teeth) to see an authority come out with both hands up.
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