Do I have any grounds to further appeal on the grounds that
1) The warden was wrong to issue two tickets in quick succession
2) Given that the mechanical bollard is now decommissioned yet there was no updated process provided by the council for gaining access to the yard between 10:30 and 16:30 for maintenance
3) Others are allowed access to the yard without prosecution on a daily basis
Devon County Council
code 02 on both PCNs
yes and that is my issue....
Ticket 1 observed from 15:47 to 15:48
Ticket 2 observed from 16:01 to 16:03
No I did not move and come back and yes it was exactly the same offence
Dear Mr Shaw
Thank you for your correspondence received on 02/07/2015 which has been dealt with as an informal challenge, in accordance with the Traffic Management Act 2004.
The information that you have provided has been carefully considered as well as the circumstances surrounding the issue of the penalty charge notice. The Council regrets having to disappoint you but your informal challenge has not been accepted in this instance.
The Council must advise that your vehicle was parked in a location subject to a restriction where loading is not permitted 10.00am-4.30. The traffic sign conveying this restriction was located immediately in front of your parked vehicle, as shown in the photograph below.
An observation period to determine whether loading or unloading was taking place was not required as such activity was patently in contravention of the parking restriction in force.
The Council acknowledges your claim that our officer was unhelpful and rude. In reply the Council must advise that our officer’s notes record that your own manner was aggressive and abusive. This matter will be forwarded to the Operations Team Leader for further investigation.
At the Council’s discretion a payment at the discounted sum of £35.00 will be accepted as full payment of the penalty charge notice if received within 14 days of the date of this letter.
If payment of the reduced charge of £35.00 is not received within 14 days of the date of this letter, or if payment of the full Penalty Charge of £70.00 is not received within 28 days of the date of the letter, the Council may issue a "Notice to Owner".
If payment is not received, registered keeper details may be requested from the DVLA and we may send the owner of the vehicle a Notice to Owner that will enable them to make a formal representation to us. We will consider all representations we receive. If we reject the representation the owner will be able to appeal to an independent parking adjudicator, who will consider whether any of the statutory grounds for appeal apply in the case. It is not possible to appeal to a parking adjudicator without going through the process of making a formal representation to us.
The Council has fulfilled its statutory duty to consider your informal challenge. Further correspondence received prior to a Notice to Owner being served will be considered but if in our consideration it does not merit cancelling the penalty charge it may not be replied to.
The following is my appeal;
Iam the owner of the Thai Orchid Restaurant in Cathedral Yard and when therestaurant was closed I needed to paint the front of the restaurant. I paintthe front of the restaurant as I rent the ground at the front for AL FrescoDining and need to make the place presentable for the people of Exeter and it'svisitors. There was a procedure in place for business owners to gain access tothe Yard when the Cathedral Yard was closed off by the rising bollard howeverthis is now not in use and has not been in use for several years. No update tothe traffic act or access procedures has been provided to the restaurant sincethe bollard was decommissioned for essential access to my business and theCathedral Yard. In any case there can be no enforcement of access restrictionsto the yard in place as on the 21 June 2015 when my tickets were issued, theowner and staff of Al Farids restaurant were permitted to access cathedral yardrepeatedly and without any penalties. I have photographic evidence of thesevehicles accessing cathedral yard albeit on a different day but again withoutpenalty. Perhaps the rules that the wardens follow only apply to Thai Orchid.In any Case there is no procedure in place or updated traffic order provided toThai Orchid since the controls were changed. The warden was rude and answeredmy comments dismissively with the word "Whatever". I asked him to letme unload my tools into the restaurant and he said “there is no time” andimmediately placed this PCN on my car. I am trying to improve Exeter and makethe place better for everyone to look at despite the homeless, drug dealing,drug abuse including injection of what I can only assume is heroine, rubbishall over the green and yet your warden would not afford me enough time to putmy tools into the restaurant. As you can see the observation time on the ticketis one minute, from 15:47 to 15:48 and given that it took him the best part ofa minute to insult me, look at me with extreme venom and write the ticket,there was no grace period given at all. This is unfair, uncivilized andinhumane at best. Why make it difficult for me to improve this forgotten cornerof the city. Given that the ticket was slapped on my windscreen already,I saw no issue with moving my tools from the vehicle and placing them into therestaurant. The warden returned to my vehicle at 16:01 just 13 minutes laterand slapped a second ticket on my windscreen taking an unhealthy amount of pleasure in doing so. This is not the treatment I would expect as acitizen of the United Kingdom and a business owner in the city of Exeter and Ican only hope that God forgives you. I have been targeted, abused, intimidated,and treated with no respect whatsoever. I would even suggest that thistreatment is unlawful. The second PCN number for cross reference is YD10844257.In addition the behaviour of your warden was observed by nearby tourists andthey told me it was an absolute disgrace. What an impression we set for ourvisitors to this beautiful city/police state
So do I have grounds to appeal further based on the duplication or should I pay both tickets and move on?