URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
       *****************************************************
       #Post#: 35016--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: Kyrano
       Date: August 30, 2024, 4:21 am
       ---------------------------------------------------------
       Any ideas?
       #Post#: 35030--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: H C Andersen
       Date: August 30, 2024, 5:40 am
       ---------------------------------------------------------
       Just to clear up other aspects...
       Is the car park free, if so for how long and if not was the
       correct tariff paid.
       #Post#: 35035--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: Kyrano
       Date: August 30, 2024, 6:15 am
       ---------------------------------------------------------
       The parking is free at this car park.
       There are no restictions on length of say. Some folk keep there
       cars there all the time.
       #Post#: 35309--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: Kyrano
       Date: September 2, 2024, 5:06 am
       ---------------------------------------------------------
       I was under the impression the experts would provide advice?
       #Post#: 35316--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: John U.K.
       Date: September 2, 2024, 5:39 am
       ---------------------------------------------------------
       Google
  HTML https://maps.app.goo.gl/u4FUb1xHScSUw69q9
       confirms your photos - the signage is very clear, the lines are
       substantially compliant.
       As Incandescent has said, I think you would struggle to succeed
       at adjudication, and it would be best to pay at the discount
       (which should still be available - expires at midnight tomorrow
       by my calculation).
       Advice given on this site has to be honest - if it is thought
       there is little chance of successful appeal that has to be said,
       even if unpalatable news for the OP.
       Are there any photos on the Council site?
       #Post#: 35321--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: stamfordman
       Date: September 2, 2024, 7:27 am
       ---------------------------------------------------------
       You could try a challenge saying the terms board does not say
       parking in electric bays is an issue. The CEO did not include a
       pic of the board among the pics. Below is your pic followed by
       some of theirs.
       Here's the order referred to on the board. It doesn't mention
       electric bays of course only disabled bays and parking within
       bays. But there is an amendment in 2014 that adds electric bays
       but this should be reflected in the terms board.
  HTML https://www.fife.gov.uk/__data/assets/pdf_file/0019/30790/Off-Street-Parking-Places-Consolidation-Order-2013.pdf
  HTML https://www.fife.gov.uk/__data/assets/pdf_file/0026/30788/Amendment-to-Off-Street-Order-Electric-Vehicles.pdf
  HTML https://i.ibb.co/p3f395C/L53yeLn.jpg
  HTML https://i.ibb.co/hLBDYp2/aber3.jpg
  HTML https://i.ibb.co/qn5JXnB/aber.jpg
  HTML https://i.ibb.co/NSnTZW4/aber2.jpg
       #Post#: 35322--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: fraser.mitchell
       Date: September 2, 2024, 7:29 am
       ---------------------------------------------------------
       The only other possible avenue to explore would be the Order for
       the car park; has it been amended to include the conditions for
       use of the EV charging bays ?
       #Post#: 35331--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: H C Andersen
       Date: September 2, 2024, 8:55 am
       ---------------------------------------------------------
       OP, see 17(c) and Interpretation section of the order.
       A 'parking place' is the entirety of the area, 'parking bays'
       are the separate parking areas.
       17. The council shall place and maintain such equipment, signs,
       markings as are required to give effect to the provisions of
       this order..
       ......
       17(c) requires the council to 'place and maintain in the
       vicinity of each parking place appropriate signs indicating the
       restrictions ....
       There's no silver bullet which would cause them to concede but
       the argument goes that if they believe that the driver breached
       a provision of the order and that this supports them demanding a
       penalty then similarly you would say that it's their own failure
       to comply with their order which had brought this about i.e. if
       the sign 'in the vicinity of the parking place' AKA the
       noticeboard had stated that such parking rendered the driver
       liable to a penalty then they would not have parked as they did
       etc....
       #Post#: 35360--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: Kyrano
       Date: September 2, 2024, 1:28 pm
       ---------------------------------------------------------
       Thank you for looking into that. Much appreciated. I  will
       submit a challenge on that basis as see what developes.
       #Post#: 36996--------------------------------------------------
       Re: PCN for parking in electric parking bay
   DIR By: Kyrano
       Date: September 16, 2024, 5:28 am
       ---------------------------------------------------------
       Sadly the challenge regarding the PCN failed to result in
       cancellation of the PCN  :(
       If I want to make a formal representation then I have to wait
       for 'Notice to Owner'
       Is it worth a formal rpresentation?
  HTML https://imgur.com/WywD5Pt
  HTML https://imgur.com/VvLT7vK
       Thanks
       *****************************************************
       Page 2 of 3
   DIR Previous Page
   DIR Next Page