DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 10178--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: Verdomde
Date: November 14, 2023, 11:32 am
---------------------------------------------------------
From tusker (the lease company)
I have been through all the correspondence from yourself and
have located the email dated 23/8/23 where you request Tusker
not make payment against a fine issued to your Salary Sacrifice
Vehicle.
Within that email, you have not provided any of the PNC details
or your vehicle registration only an SQ reference which does not
relate to any fine within our system therefore we have no way of
tracking the notice should it arrive. Now, over 2 months later
your appeal appears been rejected as the increased notice has
been issued to Tusker as we are the registered keeper and in
line with your SS4C agreement Tusker would be looking to make
full payment and invoice your employer to be deducted from your
salary.
On this occasion, I have recalled the payment that has been made
which leaves the notice open again and we will request a
transfer of liability to you. Please be aware that by making
this request;
•
that we hold for the VW iD3 is not with yourself but with your
employer, and your employer will not allow us to transfer
notices in their name.
•
this notice
•
the amount requested at that time and invoice this for deduction
from your salary and you will be notified by email that the
payment has been made.
By Tusker taking this action it does not set a precedent for
further notices that may be issued to your Salary Sacrifice
Vehicle in the future and all such notices will be processed as
detailed in your scheme policy, Drivers Guide and agreement.
#Post#: 10179--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: Verdomde
Date: November 14, 2023, 11:34 am
---------------------------------------------------------
Tusker sent me a copy of the liability transfer, but not sure
where it is, will find it at home and scan it if it's useful?
#Post#: 10352--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: ivanleo
Date: November 15, 2023, 5:16 pm
---------------------------------------------------------
--- Quote from: Verdomde link ---
>
> Tusker sent me a copy of the liability transfer, but not sure
where it is, will find it at home and scan it if it's useful?
>
--- End Quote ---
Tusker is particularly thick and stupid, "your employer will not
allow us to transfer notices in their name", that's not how it
works, the employer has no choice. Still, if the council has
gone ahead and accepted Tusker's representation the whole point
becomes academic, so I wouldn't worry too much about it.
At this point I would suggest you post up all the documents
you've received, redact your name and address but label every
document so that we know what is addressed to you and what is
addressed to Tusker.
Also, have you got the council photos? If yes, please post them
up. If not, please contact the council and ask that they email
the photos to you.
Lastly the parking places order here
HTML https://tro.transportappeals.scot/TRO/Perth%20and%20Kinross%20Council/Off-Street-Car-Parks-Order-2015-signed.PDF<br
/>doesn't mention anything about parking places reserved for
council vehicles only, and I also cannot see anything that
creates any restricted areas. I had a quick look at the amending
orders at
HTML https://tro.transportappeals.scot/authority_tro/?authority=Perth%20and%20Kinross%20Council<br
/>(you need to filter to "off-street") and none of the amending
orders create any such restrictions either, so it looks like the
council doesn't get past go with this one.
#Post#: 10370--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: Verdomde
Date: November 16, 2023, 4:16 am
---------------------------------------------------------
From your document link (the first one)
Restrictions on use of car parks
22
When in or near any car park, signs are erected or surface
markings are laid down for the purpose of
indicating the entrance or exit thereof, a specified direction
of travel, an area of the car park which is
to be kept clear of vehicles, or for any other purpose, no
person shall drive or cause or permit to be
driven or shall leave any vehicle other than in accordance with
the instructions indicated by means of
the said signs or markings.
wouldn't that cover parking places reserved for council vehicles
only
I have links to all the docs and pictures above, I'll try find
time to edit the uploads as soon as I possibly can
#Post#: 10534--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: ivanleo
Date: November 18, 2023, 12:54 pm
---------------------------------------------------------
--- Quote from: Verdomde link ---
>
> wouldn't that cover parking places reserved for council
vehicles only
>
--- End Quote ---
That is arguable, but the counter-argument is that an order is
meant to designate what's what and the signs merely reflect the
order.
Otherwise a council could make a 1 line TRO for all roads and
car parks within the council area, simply saying that you must
obey all signs that the council might put up anywhere, which
would make a mockery of the whole system.
#Post#: 11536--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: Verdomde
Date: November 29, 2023, 9:47 am
---------------------------------------------------------
I don't really know what to do, so am just sending this
Hello
My car was parked there while for a visit in Perth and had some
food in a Cafe. There was a PCN on the window upon return.
It seems the area in question is supposed to be for council
vehicles only, but it is not marked as such anywhere in or
around the parking bays:
{pictures}
Clearly there is no appropriate signage, it is only on hunting
around that it can eventually be found that there are white on
white signs hidden in the rafters- from the perspective of a
driver:
{pictures}
It is not acceptable to expect motorists to see such scant
signage.
to highlight, here is a section from the BPA Code of Practice
You must place signs containing the specific parking terms
throughout the site, so that drivers are given the chance to
read them at the time of parking or leaving their vehicle. Keep
a record of where all the signs are. Signs must be conspicuous
and legible, and written in intelligible language, so that they
are easy to see, read and understand. Signs showing your
detailed terms and conditions must be at least 450mm x 450mm
These signs are inconspicuous and camouflaged. As are the
laminated sheets of paper, also out of view above the eye-line
of motorists who are navigating narrow and potentially dangerous
turns and ramps. The below was taken when standing to get an
angle where the laminates are even visible, you can imagine how
hidden they are when in a car!
{pictures}
The state of the signage around these bays needs to be reviewed
seriously- there should be signs at each parking bay, or at the
very least between each charger, and conspicuous prominent
signage in plain view in the eyeline of motorists. The signs
should not only stipulate that an area is for council use, but
that there may be penalties for others using it. There should
also be clear indication of which area the signs pertain to, is
it just the bays below the signs, the front part of the area? It
is unclear. This is another reason why signage should be visible
to people when parking, close to vehicles, and close to
chargers.
In the next images you can see more evidence that there is no
signage to indicate the bay should not be used:
{pictures}
The a4 laminate that is supposed to pass for a sign is at least
4 bays away from the vehicle, high up in the rafters, and hidden
from view to cars coming down the ramp by the other rafters and
the angle at which you are driving.
It should be noted that any other images considered when
reviewing the signage should be looked at with discretion, a
driver is lower than someone with a camera held high, and a
camera with a flash on will make the signs appear almost visible
from that perspective. Remember it is drivers who will be
expected to notice signage…
#Post#: 11762--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: ivanleo
Date: December 2, 2023, 9:03 am
---------------------------------------------------------
Let us know when you get a response, if you get a notice of
rejection addressed to you (and not your employer or the lease
company) then it's an easy win as there is no legal basis for
the council to demand the penalty from you.
#Post#: 11858--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: Verdomde
Date: December 4, 2023, 10:36 am
---------------------------------------------------------
Tusker got back to me (i asked them to re-send)
the contents of the authorisation was this
Parking Services Perth
and Kinross Council
35 Kinnoull Street
Perth
PH1 5GD
31/10/2023
To whom it may concern
THIRD PARTY AUTHORISATION LETTER
Please accept this letter as confirmation that Tusker authorise
you to communicate directly with the nominated person
detailed below in relation to the Penalty Charge Notice they
have received:
Vehicle Registration: RJ23FFX
Reference: PK65201252
Make/Model:
Contract Start Date:
Contract End Date:
Customer Name:
Customer Address:
The above vehicle is on long term lease with Tusker and the
nominated person above has full use of the vehicle.
Kind Regards,
Contract Administration Supervisor
#Post#: 11872--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: H C Andersen
Date: December 4, 2023, 1:20 pm
---------------------------------------------------------
This is history and has been overtaken by events.
You received a NTO dated 8 Nov, and this is what counts.
You have until 7 Dec. to make reps to the council.
Have you sent reps?
#Post#: 11912--------------------------------------------------
Re: PCN number: PK65201252,Canal Street Multi Storey Car Park
Perth, parking in an area reserved for Council Vehicles on
DIR By: Verdomde
Date: December 5, 2023, 6:40 am
---------------------------------------------------------
Hi, I guess reps is the appeal, I got stressed about how long i
had, so sent on Friday
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page