Hi everyone,
I replied to a post by Esinem but thought I'd also post generally in case anyone is able to help me...
I'm a newbie here and I hope people don't mind me posting, but I received a PCN for parking in this bay on 21 January 2012 (by a $CAMera car). I had looked at the sign but obviously misread it as they took photos of me parking at 12.49pm (11 minutes before parking is allowed! I think I must have read it as not being allowed to park from 1 pm).
I saw this board and the posts by several forum members and then wrote a letter to Southwark Council appealing the ticket as (a) the PCN was issued by a CCTV camera contrary to statutory guidance which states that CCTV enforcement should only be used when where enforcement is difficult or sensitive and and CEO enforcement is not practical; (b) the signage is not legally compliant because there are no signs warning that CCTV enforcement is being carried out in the area; (c) the bay is not properly marked for its use (citing the Angol -v- Southwark Council case); and (d) that the wording on the sign is unclear and too high up for a driver to read (thought I'd just throw this is for good measure!).
I also noticed that when they sent me the PCN, they had not taken a picture of the sign, but just the pole the sign was on.
However, the Council wrote back rejecting my appeal as: (a) statutory guidance is only guidance and the failure of a Council to follow it does not constitute grounds for appeal; (b) There is no legal requirement for signs warning of camera enforcement; and (c) the signage is approved under the RTRA 1984.
I want to appeal further to PATAS but just wondered whether anyone knows of any other successful appeals or other grounds that I could appeal on?
Thanks so much in advance for your help.
Elle.