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appealing a pcn
« on: June 28, 2014, 02:02:03 pm »
just received a pcn from Brighton and Hove council today for parking on zig zags of a pedestrian crossing.
Photographic proof is a zoomed in shot of me cleaning a shop signage with wfp from back of my van to minimize trailing hoses and make myself very visible to any pedestrians, road and zig zags are not visible in the photo. I am going to appeal on those grounds. I was not on the zig zags but parked on the pavement (its wide enough to do so safely) with my hazards on at 7.30 in the morning. The zig zags do however extend the length of that entire block leaving me no where safe to park ( running out 50 meters of hose around a corner of a neighbouring street in my mind would present more of a safety hazard ). Anybody else had to appeal something similar ? Am finding it difficult research anything online that refers to parking on pavement when zig zags are present so I am unsure as to whether I am actually breaking a law or not  ???
Ok so its only £35 if paid up within 21 days, but this was end of May, I have cleaned this shop another 2 times since and parked in exactly the same place ! worried if in about a months time I will have 2 more fines to go with that one  >:(

Lee GLS

  • Posts: 3844
Re: appealing a pcn
« Reply #1 on: June 28, 2014, 02:19:49 pm »
If you have parking restrictions then anything the non road side is also no parking. There is a national trust forest near us and they charge £5 to use their car park, the road leading to it always had no parking restrictions so everyone used to park on it to avoid the car park fee. Just recently the put yellow lines and no parking, there is a wide enough verge to park you car on so that you are off the road and not on the yellow lines, I did this and got a parking fine as this is all still classed as the highway. My appeal failed and I had to pay the fine

Have a look here this is a similar situation

http://www.consumeractiongroup.co.uk/forum/showthread.php?233026-Double-Yellow-Lines-what-exactly-do-they-mean

Re: appealing a pcn
« Reply #2 on: June 28, 2014, 03:20:47 pm »
thanks for the reply Lee.
Here in Brighton we have a window cleaning permit issued free by the parking office that covers us to park on double and single yellow lines whilst working on properties ( goes back to an old bye law )
Maybe it is different for zig zag zones around pedestrian crossings. The photo shows me clearly working from the back of my van, but as it is zoomed in there is no photographic proof that I was on a restricted section of road or indeed that I was parked clear of the kerb and on the pavement. Maybe a bit stupid of me to assume I would get away with it ( a remotely operated camera near by ) but I have being doing this job fortnightly since the beginning of the year and always early morning. I don't hold out much hope of an appeal but I will try.
They are working within the law sending the pcn out to me only just within the 28 days, but I have cleaned this shop twice since then from exactly the same spot, If it takes them this long I could be stung with £105 in charges to what amounts to £30 of work, beginning to think twice about my early morning shop work, its just becoming a complete pita if this sort of draconian action becomes the norm by Brighton and Hove green council. gggrrrrrrr  >:( >:( >:(

alfie11

Re: appealing a pcn
« Reply #3 on: June 29, 2014, 11:36:02 am »
Yellow zig zag lines have time restrictions and can be parked on at certain  times, White zig zag lines can never be parked on and is the only parking restriction that comes with Points as well as a Fine = dump job

Simon Mess

  • Posts: 1097
Re: appealing a pcn
« Reply #4 on: June 29, 2014, 11:51:40 am »
If you think parking round the corner and running out a load of hose is to much of a potential hazard, i would agree with Alfie, dump the job.

I'm not up to all the ins and outs of the parking on pavement issue, but i would find it unlikely that you would get out of your fine by stating you were parked on the pavement, seeing as you are not supposed to be on there either. Yes, other window cleaners in other areas may 'get away with it', but i suppose that would be down to the discretion of the individual local authorities, unfair as it is.

Appeal the fine by all means, but if unsuccessful, just dump the job and move on :(

PoleKing

  • Posts: 8974
Re: appealing a pcn
« Reply #5 on: June 29, 2014, 11:56:29 am »
Can you trad or trolley the job?
www.LanesWindowCleaning.com

It's just the internet. Try not to worry.

rosskesava

  • Posts: 17015
Re: appealing a pcn
« Reply #6 on: June 29, 2014, 12:04:16 pm »
I'd say the ticket was for parking on the pavement.

I don't know if I'm correct about this but doesn't the pcn have written on it what the actual offence was for?

The last pcn I appealed against was at first declined because I appealed against it based on what I assumed the reason the ticket was issued. I was parked on double yellow lines quite legally and I assumed the ticket had been issued (by camera) in error or incorrectly.

It turns out that the camera operator had issued the ticket because my van had been parked with no activity seen, i.e going to or from the van, for nearly an hour. He took the view I wasn't window cleaning but had just parked there.

When I appealed against that, and included a letter from the shop keeper stating I was cleaning all internal glass, the council upheld my appeal.

My point is to make sure you are appealing for the actual offence they issued the ticket for.

Gordon, just out of curiosity, where were you parked?

Just chant..... Hare Krsna, Hare Krsna, Krsna Krsna, Hare Hare, Hare Rama, Hare Rama, Rama Rama, Hare Hare. It's beats chanting Tory Tory or Labour Labour.

rosskesava

  • Posts: 17015
Re: appealing a pcn
« Reply #7 on: June 29, 2014, 12:05:59 pm »
Can you trad or trolley the job?

I clean quite a number of shops in Brighton and I use a trolley for exactly that reason, to save parking anywhere dodgy.

Just chant..... Hare Krsna, Hare Krsna, Krsna Krsna, Hare Hare, Hare Rama, Hare Rama, Rama Rama, Hare Hare. It's beats chanting Tory Tory or Labour Labour.

Re: appealing a pcn
« Reply #8 on: June 29, 2014, 12:19:51 pm »
Can you trad or trolley the job?
I trad the windows but the signage is wfp and done each time too.
I will use a backpack in future, just a bit cheesed off that I get up so early on friday mornings to do commercial jobs before the streets are busy, parking restrictions / bus lane resrictions kick in etc.
I probably took a stupid risk in doing it that way ( although I've being doing this shop a good 6 months ).
In my defence I thought I was taking a more sensible approach by pulling up right outside off of the road out of the way of buses and traffic with my hazards on , cone and high viz early morning.
Oh well lesson learnt, £10 job but £25 down  :'(
I was captured by a remote camera on a lamp post and I suppose it comes down to the discretion of the camera operative and whether they are actually looking at that monitor at the time  ::)roll
I only hope I do not receive another two pcns in the post lol

Re: appealing a pcn
« Reply #9 on: June 29, 2014, 12:25:55 pm »
I'd say the ticket was for parking on the pavement.

I don't know if I'm correct about this but doesn't the pcn have written on it what the actual offence was for?

The last pcn I appealed against was at first declined because I appealed against it based on what I assumed the reason the ticket was issued. I was parked on double yellow lines quite legally and I assumed the ticket had been issued (by camera) in error or incorrectly.

It turns out that the camera operator had issued the ticket because my van had been parked with no activity seen, i.e going to or from the van, for nearly an hour. He took the view I wasn't window cleaning but had just parked there.

When I appealed against that, and included a letter from the shop keeper stating I was cleaning all internal glass, the council upheld my appeal.

My point is to make sure you are appealing for the actual offence they issued the ticket for.

Gordon, just out of curiosity, where were you parked?


Western Road mate,
the block of the Duke of Norfolk pub opposite Bankers, the whole block is white zig zags with only the very end of it having double yellows outside the pub on a side  street junction.

The offence is 99: stopped on a pedestrian crossing or crossing area marked by zig zags.
However the photographic evidence supplied to me is a zoomed in shot of my number plate on the back door of van ( had the door been open they would not have been able to read the reg,  :P ) and me standing next to it cleaning with a wfp, you can just see the top of a zebra crossing pole in the foreground but it is not clear if I am on pavement or road as none of that can be seen in the shot or indeed any road markings.
I may just try and stall them by appealing for more photographic evidence that actually proves without a shadow of a doubt that a contavention actually occured  because its down to them to prove it.

Give me a call Ross, I may be looking for somebody to cover a couple of end of tenancies for me in August if you are interested ?

p1w1

  • Posts: 3873
Re: appealing a pcn
« Reply #10 on: June 29, 2014, 12:33:19 pm »
must be for parking on the pavement, if its for parking on the zig zag lines you would also get 3 points on your licence

rosskesava

  • Posts: 17015
Re: appealing a pcn
« Reply #11 on: June 29, 2014, 12:40:23 pm »

Western Road mate,
the block of the Duke of Norfolk pub opposite Bankers, the whole block is white zig zags with only the very end of it having double yellows outside the pub on a side  street junction.


Maybe it's better to park along Western Road the other side of the turning next to the pub and use the back pack. It's a bit inconvenient but it's only a few steps.

How's the shoulder?
Just chant..... Hare Krsna, Hare Krsna, Krsna Krsna, Hare Hare, Hare Rama, Hare Rama, Rama Rama, Hare Hare. It's beats chanting Tory Tory or Labour Labour.

Re: appealing a pcn
« Reply #12 on: June 29, 2014, 01:03:10 pm »
Shoulders not really much better, theres a community center in hollingbury does drop in group accupuncture sessions, going to give that a try. ;)

CleanClear

  • Posts: 14671
Re: appealing a pcn
« Reply #13 on: June 29, 2014, 09:31:55 pm »

The offence is 99: stopped on a pedestrian crossing or crossing area marked by zig zags.


As someone else has said above, this usually carries penalty points. They mention that in the notice you recieved?
*Status*--------Currently Online---------

Re: appealing a pcn
« Reply #14 on: June 29, 2014, 10:53:19 pm »

The offence is 99: stopped on a pedestrian crossing or crossing area marked by zig zags.


As someone else has said above, this usually carries penalty points. They mention that in the notice you recieved?
No all it states is what I have already put here, £70 fine, £35 if paid in 21 days

Pete Thompson

  • Posts: 960
Re: appealing a pcn
« Reply #15 on: June 30, 2014, 01:02:54 am »
I would just pay it, rather than cause a fuss and risk getting the points as well tbh

The Jester of Wibbly

  • Posts: 2154
Re: appealing a pcn
« Reply #16 on: June 30, 2014, 07:38:37 am »

Good post. this has been on my mind for a while.  Don't like turning down work, always like to find a solution to the problem.

Was thinking the other day about buying a Gardiners Back Pack system just to use for the odd job where parking close by is impossible.  Has anyone else tried this kit out ?
Claim your 50% off your mobile payment card reader with Sum Up.  http://fbuy.me/f7Ve3

dazmond

  • Posts: 23944
Re: appealing a pcn
« Reply #17 on: June 30, 2014, 07:52:03 am »
i would pay the fine then dump the job.not worth it for £20 a  month(two £10 fortnightly cleans).im sure you ll easily replace the job in other areas off the main roads without all the hassles and expense.
price higher/work harder!

Johnny B

  • Posts: 2385
Re: appealing a pcn
« Reply #18 on: June 30, 2014, 09:50:07 am »
If you appeal, and the charge is upheld, could you declare the fine as a business expense?

John
Being diplomatic is being able to tell someone to go to hell in such a way that they look forward to the trip.

Re: appealing a pcn
« Reply #19 on: June 30, 2014, 10:58:45 am »
If you appeal, and the charge is upheld, could you declare the fine as a business expense?

John
Hey now thats a good idea ! I don't know but the whole reason I got it was work related, anybody know for sure ?