At a Traffic Penalty Tribunal in Sunderland on 21st July 2009 representations were made by Neil Herron, who runs a national parking ticket appeals company http://www.parkingappeals.co.uk/ that his client, local Estate Agent Brendan Hackett was loading / unloading in the on-street pay and display bays (on-street) and that ‘instant’ PCNs had been issued without any observation period to establish whether loading or unloading was taking place.
The Traffic Regulation Order states that loading/unloading is
allowed ‘for up to 20 minutes' and the Council's own Parking Charter refers to a 'five minute observation period.' Former Parking Attendants confirmed that they used to observe for aa period of 5 minutes so it seems to have been a deliberate policy decision which is in clear breach of the Council's own Parking Charter.
The Traffic Regulation Order states that loading/unloading is
allowed ‘for up to 20 minutes' and the Council's own Parking Charter refers to a 'five minute observation period.' Former Parking Attendants confirmed that they used to observe for aa period of 5 minutes so it seems to have been a deliberate policy decision which is in clear breach of the Council's own Parking Charter. The adjudicator ruled that the tickets were not enforceable because there had been no observation period.
This blunder means that all Penalty Charge Notices which have been issued incorrectly will have to be refunded as the procedures detailed in the Traffic Order and the Parking Charter have not been followed.
Contaact us on enquiries@parkingappeals.co.uk for more information.
No comments:
Post a Comment