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PCN Contravention Code 23 on the High Street

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  • PCN Contravention Code 23 on the High Street

    Hi Experts,

    I parked on Colchester high street for approximately 5 minutes on a Sunday morning to quickly get some tablets from the nearby Tesco as I started feeling sick and dizzy and didn't want to continue driving while I did not feel it was safe to do so. Where I parked had a restriction signage reading "9:30 am to 4:30 pm 15 mins No return within 2 hours" so I knew I would be able to get what I needed from the nearby Tesco store in less than 15 minutes without any problem but on my return I saw a PCN left on my windscreen. I decided to challenge the PCN but it was declined with the council saying that I parked in a ‘Coach stop’ bay for loading and unloading only. The council went on saying that "This restriction applies between 9.30am and 4.30pm, every day. Drivers are not allowed to park their vehicles in this bay unless it is classed as a coach, and they are loading or unloading passengers from the vehicle. In this location, there are two restrictions that apply at different times, with the ‘Coach stop’ restriction applying every day, and the ‘Goods vehicles loading only’ restriction applying Monday to Saturday.".

    Below is what I sent in my initial challenge, which was declined:

    Dear Casehandler,

    This is a formal request to appeal the PCN ticket I received on Sunday 16th of June 2024. My name and address are above and the ticket number is xxx. The license plate of my car is xxx.

    The incident occured on Colchester High Street where most of the restrictions apply Monday to Saturday. I parked my car to get something quickly on the high street and to my surprise found a PCN attached to my car when I returned. The attached picture shows the parking restrictions where I left my car. I took that picture at exactly 10:33 AM so the ticketing officer issued the PCN less than 4 minutes before I got back to where I parked and after observing my car for 5 minutes (from 10:24 to 10:29).

    I therefore cannot be found guilty of the alleged contravention and hereby humbly request that the ticket be retracted.

    I look forward to receiving confirmation that the PCN has been cancelled within 28 days.

    Yours faithfully


    The sign for coach restriction where I parked reads "Except local buses 9:30 am - 4:30 pm 15 mins No return within 2 hours" while the loading restriction reads "Goods vehicles loading only Mon - Sat 8:00 - 9:30 am, 4:30 - 6:00 pm". The incident occured on a Sunday morning and I parked for approximately 5 minutes. The PCN states that my vehicle was observed from 10:24 to 10:29, which to my understanding still falls within the 15 minutes stated on the signage even though the letter from the council did not mention anything about the 15 mins. They haven't stated in their letter that the 15 minutes apply only to coaches and even if that's the case should this not be classed as misleading and confusing for public road users? I have been informed that I can submit another appeal within 14 days of the date of this letter so I was wondering if anyone here could advise how best to challenge and win this case. I have tried to upload a copy of the PCN, their response to my initial challenge and a picture of the parking signage for better understanding but the website says "You are not authorized to create or remove attachments. (no_create_permissions_attach)". I also tried uploading from URL but I get "Invalid File (invalid_file)" error. I hope I've been descriptive enough to understand the situation and provide advise.

    Thank you

    Koloz
    Tags: None

  • #2
    https://assets.publishing.service.go...-signs-dft.pdf

    Page 37 - bang to rights, I’m afraid.

    Comment


    • #3
      Or you could try the advice below and see if there is any wiggle room due to a technicality perhaps?

      Originally posted by des8 View Post
      Suggest you post on Free Traffic Legal Advice (https://www.ftla.uk/) as they have much experience in dealing with council penalty charges

      Comment


      • #4
        Hi Huxie. Thank you very much for replying to my post, I appreciate the document you have shared as it's quite handy. I also posted this on FTLA 2 days ago so I'm still waiting for a reply there. Many thanks.

        Comment

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