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#Post#: 35356--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: RichardW
Date: September 2, 2024, 12:47 pm
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Edinburgh appear to have a blanket allowance for motorcycles to
park in the marked bays, seemingly without restriction:
HTML https://www.edinburgh.gov.uk/parking-spaces/motorcycles-coaches-buses-caravans-long-large-vehicles
Whether that absolves them from signing the bays other than the
road markings I don't know. In this case there appears to be a
good argument that the road markings is not clear - doubtless
they will see otherwise if you appeal!
#Post#: 35361--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: fraser.mitchell
Date: September 2, 2024, 1:31 pm
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--- Quote from: ezycraf link ---
>
> Well the sign was there looking at the pics now. I didn't know
how to check those but thanks for uploading them. do I stand any
chance for an appeal? I have heard that if you lose the appeal
then the discounted rate of £50 is also gone??
>
--- End Quote ---
Going to the adjudicators is always with the full PCN penalty in
play. This is designed, (some would say cynically designed), to
"persuade" the motorist to pay the discount rather than try his
luck on what is really a 'double-or-quits'gamble, but it's not
different to you getting a police speeding ticket; pay that at
£100 or go to court and risk much more.
#Post#: 35405--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: ezycraf
Date: September 3, 2024, 3:27 am
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thanks for all your comments. Is it worth just calling them (if
it is possible, not sure i need to check if they have a contact
number) to see if they can cancel my ticket over the phone after
I explain to them about my reasons etc.
So, let's say if I decide to appeal today, does that not mean
that the remainder of the 14 days would be frozen after the
appeal has been decided? From the comments, it looks like this
is not the case?
#Post#: 35410--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: fraser.mitchell
Date: September 3, 2024, 3:54 am
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I always say, follow the process, but there's nothing to prevent
you phoning them up, just don't expect them to react favourably.
So submit representations as per the process as well. You have
the basis of an appeal to adjudicators if you decide to fight
the PCN, being the lack of a sign for the motorcycle bay. Just
say that if there had been a sign, you would have read it and
not parked there.
#Post#: 35414--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: stamfordman
Date: September 3, 2024, 4:45 am
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You just need to make a challenge as below. See what others say
first though.
I am challenging the contravention on the grounds that it did
not occur as there does not appear to be an upright sign for a
different bay at the location, only signs for pay and display
parking.
I have reviewed the pictures taking by your CEO and there is no
picture of an upright sign showing a bay for a different class
of vehicle.
I feel this PCN has been issued in error and look forward to
your early confirmation of cancellation.
#Post#: 35510--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: ezycraf
Date: September 3, 2024, 1:07 pm
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--- Quote from: stamfordman link ---
>
> You just need to make a challenge as below. See what others
say first though.
>
> I am challenging the contravention on the grounds that it did
not occur as there does not appear to be an upright sign for a
different bay at the location, only signs for pay and display
parking.
> I have reviewed the pictures taking by your CEO and there is
no picture of an upright sign showing a bay for a different
class of vehicle.
> I feel this PCN has been issued in error and look forward to
your early confirmation of cancellation.
>
--- End Quote ---
thanks, do you think, I can put an appeal with this text and
someone may get back by Friday and if not I just pay it before
14 days end as paying full or more would be way too much. there
is no contact number to speak to a real person in this case,
unfortunately.
#Post#: 35518--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: Daim456
Date: September 3, 2024, 2:32 pm
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Follow the appeal process, otherwise it would be messy.
Edinburgh City Council usually allow you a further 14 days to
pay the discount rate when you recieve a Notice of Rejection.
#Post#: 35524--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: FaeLLe
Date: September 3, 2024, 2:49 pm
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--- Quote from: stamfordman link ---
>
> I am challenging the contravention on the grounds that it did
not occur as there does not appear to be an upright sign for a
different bay at the location, only signs for pay and display
parking.
> I have reviewed the pictures taking by your CEO and there is
no picture of an upright sign showing a bay for a different
class of vehicle.
> I feel this PCN has been issued in error and look forward to
your early confirmation of cancellation.
>
--- End Quote ---
TSRGD 2016 does not require upright signs to be placed at each
parking bay and road markings are sufficient to indicate parking
bays. It states vertical sign could be omitted if road marking
clearly describes a 24/7 restriction.
Repeater signs are especially not required: Mr C – v – Cheshire
West and Chester Council
(AW00054-2210)
That being said the markings on the road are not clear and
maintained either; this should be included in any appeal in my
opinion. Citizens Advice states this but it would be good to
quote an adjudicator case reference:
HTML https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/when-to-appeal-a-parking-ticket/#:~:text=The%20parking%20signs%20or%20road,any%20road%20markings%20or%20signs
There is also a duty on the CEO to make sure the road markings
are clear so technically the CEO performed a technical
improprierity by issuing a PCN on an unclear road marking This
can be seen within London Councils Code of Practice on Civil
Parking Enforcement (Part 1 of 2)
HTML https://archive.londoncouncils.gov.uk/download/file/fid/23082<br
/>requires the following,
[19] CEO duties include: "checking and reporting defective
traffic signs and road markings including signs that are
missing, obscured or damaged and broken or faded road markings"
Hope this helps. Some of the more experience forum members will
surely add on.
#Post#: 35530--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: stamfordman
Date: September 3, 2024, 3:10 pm
---------------------------------------------------------
--- Quote from: FaeLLe link ---
>
> TSRGD 2016 does not require upright signs to be placed at each
parking bay and road markings are sufficient to indicate parking
bays. It states vertical sign could be omitted if road marking
clearly describes a 24/7 restriction.
>
--- End Quote ---
I'm aware of that but think maybe a dumb challenge is best to
expose that if you are going to dispense with a sign in a bay
next to signed bays it had better be clear.
Yes also the bay markings are not clear and both these and the
bay ends look like they may well have been covered by other
cars.
Seems like Edinburgh may be relying on lots of m/cs parked there
to make it obvious.
Another point that has won is that the PCN doesn't say what
class of vehicle is (not so) apparently allowed.
#Post#: 35708--------------------------------------------------
Re: Edinburgh city council parking ticket - 23 Parked in a
parking place not designated for that class of vehicle
DIR By: ezycraf
Date: September 5, 2024, 4:04 am
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--- Quote from: Daim456 link ---
>
> Follow the appeal process, otherwise it would be messy.
>
> Edinburgh City Council usually allow you a further 14 days to
pay the discount rate when you recieve a Notice of Rejection.
>
--- End Quote ---
thanks, where can I confirm that I would get 14 days discounted
rate even after the appeal rejection? Any links etc. That would
give me a bit more confidence to fight my case.
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