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Case studies - Unfair penalty notice

When Diane West parked her car on a broad stretch of pavement outside her house, within the designated markings, she was surprised to find that she faced a £120 parking fine. 

She was issued with a penalty charge notice (PCN) for ‘parking with one or more wheels on any part of an urban road other than a carriageway’. She had parked diagonally at the end of a broad stretch of pavement in a designated parking area. There was no line at the side or end of the parking bay, but there were markings at the front. 

Other residents also park in the same way. All cars have to park there diagonally because of limited space, and because of the angle cars have to drive into the spaces from the road.

Diane refused to pay the fine and appealed the PCN saying that she was parked in a legal parking area. She provided the issuer with photographs to demonstrate this. 

Diane also pointed out that, when six months previously her fiancé Geoff had received a PCN for parking in the same bay and in same manner, his fine was cancelled after he appealed on this basis. 

The issuer refused Diane’s appeal, saying her vehicle was not contained within the parking bay lines.  

Which? Legal advice

Diane contacted the lawyers at Which? Legal, who advised her to appeal to the Parking and Traffic Appeals Service and when doing so to provide all available evidence. 

Outcome

The Parking and Traffic Appeals Service upheld her appeal on the basis that the contravention did not occur, as there weren’t any clear markings at the rear or the side demarcating the bay.