PCN appeal help.

[michael]

Re: PCN appeal help.

get the full details of the road you received the PCN in ask them for The Traffic Management Order for the road that you got the PCN in as you have a right to this under the freedom of information act and by law they have to provide it to you .

Do not ask for the TRO as a FOI request. They are allowed 20 working days to respond to any FOI request ie 4 weeks

A TRO is a public document and by law is available to view on demand by any interested party at the Council offices.

Some councils will email you a copy.

[michael]

Re: PCN appeal help.

Is the TPT the route this issue may go then? Or is it something I need to start or something that will happen when I receive the NTO?

You make a formal appeal to the NTO. If the council reject your appeal they will send you a Notice of Rejection. Included with that will be a form and details of how to appeal to the adjudicator

[alistairdale]

Re: PCN appeal help.

Thanks... That should be easy enough to get my hands on. Then wait for the NTO to arrive and follow the process.

[michael]

Re: PCN appeal help.

Hi,


I have recently received a parking fine (PCN) through Leeds city council. The offence was: '12 Parking in a residents or shared used parking place without clearly displaying a permit or voucher or pay and display ticket for that place'. I have a business parking permit for all areas which includes the area I was parked in.

I see on Leeds website that business permits can only be used in the street shown on the permit:
Permit information sheet

So were you parked on the street shown on the permit?

Was the bay you parked in a resident only bay or a shared use bay?

[alistairdale]

Re: PCN appeal help.

the permit i have says "All". The street i was parked on had no bays or markings. Only a sign indicating Permit holders only.

[alistairdale]

Re: PCN appeal help.

It's a business permit

[michael]

Re: PCN appeal help.

What's the street name?

[alistairdale]

Re: PCN appeal help.

Location of Contravention: CHERRY PLACE - SHEEPSCAR

[alistairdale]

Re: PCN appeal help.

I think it's LS97DZ

[michael]

Re: PCN appeal help.

Here? http://goo.gl/maps/oqPX

I know google street view can be out of date, but Cherry Place seems to be completely unrestricted

[alistairdale]

Re: PCN appeal help.

Just had a look... it has changed recently to a sign at the entrance to indicating that it's a permit only.

[alistairdale]

Re: PCN appeal help.

Just looked.... there has been changes recently.. the only change there is a sign saying 'permit holder' at the entrance.

[michael]

Re: PCN appeal help.

OK I have found this:
No.W40 - Leeds City Council

LEEDS CITY COUNCIL
(TRAFFIC REGULATION) (WAITING RESTRICTIONS)
(No.W40) ORDER 2010
LINCOLN GREEN AREA BURMANTOFTS
VARIOUS WAITING RESTRICTIONS
Leeds City Council has today made the above Order under its powers contained in the Road Traffic Regulation Act 1984. The effect of the Order which comes into effect on 17 January 2011 will be to introduce :-

1.No waiting at any time on sections of Anderson Mount, Bayswater Road, Cherry Court, Cherry Place, Cherry Row, Dolly Lane, Gledhow Place, Granville Road, Lincoln Green Court, Lincoln Green Road, Lincoln Road, Lindsey Court, Lindsey Gardens, Lindsey Mount access road, Lindsey Road, Marston Mount access road, Moorhouse Grove, Mushroom Street, Roxeby Close, Skinner Lane, Spalding Towers access road and the access road adjoining Chapman Street;

2.Waiting limited to 4 hours with no return within 2 hours between 8.00am and 8.00pm pm on sections of Cherry Row, Dolly Lane, Gledhow Road and Lincoln Road;

3 Waiting limited to 2 hours with no return within 2 hours between 8.00am and 8.00pm pm on a section of Cherry Row

4 Waiting limited to 1 hour with no return within 2 hours between 8.00am and 8.00pm pm on a section Gledhow Road (with the exception of residential permit holders) and on a section of Cherry Row.

5.Waiting limited to 30 minutes with no return within 2 hours on a section of Cherry Row (with the exception of business permit holders);

6.Residents only permit parking on sections of Cherry Court, Cherry Place, Boston Towers, Ferriby Towers, Grantham Towers, Granville Road, Lincoln Green Court, Lincoln Road, Lincoln Towers, Lindsey Court, Lindsey Gardens, Lindsey Mount, Lindsey Road, Marston Court, Moorhouse Grove, Roxby Close, Spalding Towers and Grantham Towers access road;

A copy of the Order together with a plan showing the affected sections of highway may be examined during normal office hours at the Legal, Licensing & Registration Reception Desk, 1st Floor, St. George House, Great George Street, Leeds 1 and at Compton Road Library Harehills Lane Leeds LS9 7BG.


If you wish to object to question the validity of the Order or any provision contained within it on the ground that it is not within the powers of the Road Traffic Regulation Act 1984, or on the grounds that any requirements of the Act or any instrument made under the Act has not be complied with in relation to the Order, you may within 6 weeks from the date upon which the Order was made, apply to the High Court for this purpose.
Dated this 5 day of May 2011
Leeds City Council Civic Hal/
LEEDS LS1 1UR

This explains the 2 hour nonsense, they are confusing Cherry Row with Cherry Place, numptys

Cherry Place restricts parking to residents only. So what is the exact wording of the new signs in Cherry Place?

[alistairdale]

Re: PCN appeal help.

That helps a lot...... The new signs say 'Permit holder Only'.... I will make a point of getting a picture on Monday. But is says nothing more then that.

[michael]

Re: PCN appeal help.

That helps a lot...... The new signs say 'Permit holder Only'.... I will make a point of getting a picture on Monday. But is says nothing more then that.

I would say you have a slam dunk. The signage must accurately reflect the restrictions set out in the TRO.

Wait for the NTO. Appeal on the grounds that the contravention did not occur and enclose a copy of the TRO and signage which contradict one another.