Yet again Scarborough Borough Council (SBC) have lost a PCN challenge from me. They have informed me that:
“Having visited the site where the Penalty Charge Notice was issued I have taken the decision to cancel the notice.
There are signs missing from newly installed lamp columns adjacent to where the vehicle was parked. In my opinion the motor caravan restriction was not made clear to the motorist at the time of parking.
The signs will be replaced at the earliest opportunity.”
Of course this was their easy “Get Out Of Jail” to prevent them addressing the other challenges:
- There is no signage in the area in relation to a Class to permit the use of PCN Code 91. Motor Caravan is a type not a Class.
- The PCN Code relates to a Class of vehicle not a type, whereas the Order does not, it relates to a type not a Class.
- The area where the motorhome was parked does not appear on the map in the Off Street Parking Order for Marine Drive.
- I am informed that the motorhome did not contain a table. As such, as the EU Directive states a Motor Caravan “which contains …table”, this confirms the vehicle not to be a Motor Caravan.
Strangeway 2 – 0 SBC