Parking ticket issued when restriction was not on

[dunga]

Hello everyone,

I am new to the forum, and would be very grateful if you could help me with some advice about how to challenge a penalty charge notice I believe has been issued incorrectly.

I went through this process some years ago and got my appeal refused with a generic answer which did not address my particular complaint, and was warned that if I didn't pay and wanted to appeal their decision it was going to be more expensive. I really do not want to get it wrong again, so any guidance as best way to appeal to the council would be very much appreciated as I genuinely think the penalty is unfair, the reasons and photos below:

- I parked on a SATURDAY inside a box with the sign "controlled zone B" with operation times Monday to Friday.
- The box was white with no yellow lines or red lines
- I got a ticket because the vehicle was "STOPPED WHERE PROHIBITED (ON RED ROUTE OR CLEARWAY)

Please see the photos attached.

Any advice about how to appeal, or does anyone think there are grounds for this ticket to be valid?

Thanks in advance!

[michael]

Re: Parking ticket issued when restriction was not on

The CPZ starts beyond the sign, which means you were just outside the CPZ so those restrictions didn't apply to where you parked.

What's the exact location?

[dunga]

Re: Parking ticket issued when restriction was not on

The CPZ starts beyond the sign, which means you were just outside the CPZ so those restrictions didn't apply to where you parked.

What's the exact location?

Thanks for your reply. I was parked in London, in Brixton on Villa Road.

[wales01man]

Re: Parking ticket issued when restriction was not on

Were the photos taken by the OP or by the authority if not by the authority do they have any showing the car in an illegal position if not what offence occured?

[dunga]

Re: Parking ticket issued when restriction was not on

Just got this from Google maps. The box on the left is where I parked. There is no red or yellow line inside the box, the double red line stops before the box, but Michael has pointed out the CPZ was outside the box, so what is the box referring to?

Thanks.

[dunga]

Re: Parking ticket issued when restriction was not on

Were the photos taken by the OP or by the authority if not by the authority do they have any showing the car in an illegal position if not what offence occured?

I took the photos as soon as I saw the ticket on my windscreen. The offence quoted in the ticket is "STOPPED WHERE PROHIBITED (ON RED ROUTE OR CLEARWAY)" But I honestly do not understand why I got the ticket, no yellow or red lines, inside box where I parked.

[michael]

Re: Parking ticket issued when restriction was not on

It's a disabled bay:
http://goo.gl/maps/aW9O3

[bluebottle]

Re: Parking ticket issued when restriction was not on

If that's the case, the ticket has been incorrectly issued by the muppet, sorry, civilian enforcement officer, and is, potentially, invalid. Because the incorrect contravention was ticked, the issuing authority cannot now withdraw the ticket and re-issue it. The enforcement officer should have cancelled the ticket at the time of issue and issued a new ticket. It is now too late to alter the ticket or re-issue it. They are legal documents and the legalities relating to the way they are treated MUST be adhered to by the issuing authority. My gut-feeling is that the ticket is invalid and cannot be enforced.

[michael]

Re: Parking ticket issued when restriction was not on

Lambeth are almost certainly likely to reject that and you would have to go to adjudication.

Whilst you could argue that the double red lines have an end marking and therefore the marked bay is outside the red route, there is the problem of the red route sign within the bay. IMO it would be a total gamble as to whether an adjudicator would allow an appeal

[dunga]

Re: Parking ticket issued when restriction was not on

Thank you to everyone for your answers. I totally missed that sign and had no idea that red routes could not have red lines, but the sign states it clearly. I got it wrong and won't appeal, but thanks a lot for saving me from wasting time! What a lovely forum.

[Hurricane Puffrose]

Re: Parking ticket issued when restriction was not on

It's a disabled bay:
http://goo.gl/maps/aW9O3

It's a disabled EXCEPTION.

It reads no stopping 7am-7pm mon-SAT EXCEPT and the disabled sign.

It's not a disabled bay from what I can see. However the red route WAS in force if you parked between 7am-7pm mon-sat