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PCN for slightly being on DYL's, Double Yellow Lines on a dropped curb
Will Nightingale
post Tue, 21 May 2013 - 11:00
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Hi All,

I recently received a PCN from Islington for parking my vehicle slightly over a double yellow line that was marking a 1.5 metre wide dropped curb for my next door neighbours driveway. You can see the double yellow line markings here hopefully:

http://maps.google.co.uk/maps?q=n7+0je&...=12,181.01,,0,0

I was parked where the silver vehicle is but with my front wheels on the double yellow lines.

I have researched the property next door and according to council records, the property has never obtained planning permission for the extension that requires a dropped curb. This was done some time ago so I am awaiting a verdict as to wether the dropped curb is legitimate (But I'm not holding my breath).

Also, along the same road and on the same side, other dropped curbs have been ignored completely or marked with a single yellow line only. Nowhere else are there double yellow lines.

Finally, here is my original email to the council and their response:

ME:

Hi There,

I recently discovered a PCN on my car windscreen on Hilldrop Road, N7, and would like to appeal its deliverance.

I have tried to view the images associated with the PCN on your website so I can make this appeal as clear as possible, but unfortunately they are not there or unable to load. It would be very helpful for both of us if these can be found. The details are as follows:

PCN NUMBER: IS.......
VEHICLE REGISTRATION: W... ...

Our address is: ..........

The car was parked outside of our next door neighbours home and when parking the vehicle, I ensured it was clear of their driveway for access reasons, despite there being no one using this driveway at the moment whilst building works are going on there. I could not reverse any further back due to works vans and once I hopped out the car, it was unclear to me that the vehicle's front tyre was resting on a double yellow line.

My appeal is regarding the layout of the parking area and its lack of consistency in relation to my alleged offence:

The double yellow lines have been put on the road where their (our neighbour at 38) driveway runs over the pavement - whereas a few doors away, this pattern is not repeated at all for the next two driveways that run over the pavement. The area of the double yellow lines is so small (2 metres) that when reverse parking a vehicle into the allocated parking area next to it, you really cannot see the double yellow lines on the ground, at all. I would be happy to back this up with photographic evidence on request.

So I am concerned that the parking lines on Hilldrop Road aren't consistent and so, as I experienced, without proper visibility or clarity of their whereabouts or where they should be, in theory and by regulations, my parking of the vehicle was marred. Being a resident of the area, I am always vigilant with your regulations and this time happened to fall into a trap. I would also like to add that my vehicle in no way blocked, obstructed or infringed the access of our neighbours, the public or anyone else for that matter.

I am sure there will need to be further discussion in this matter and so I will research the layout necessities for our road and clarify that number 38 have rights to their driveway over a public access area, its proportioning and the rights of others along this street with the same access, but lacking yellow lines. This way, perhaps I can help refrain a repeat of this incident in the future.

Many Thanks and I look forward to hearing from you.

Will


THE RESPONSE:

Dear Mr Nightingale

Penalty Charge Notice No. IS.......... Date of Issue 15/04/2013 at 09:45
Location of Contravention Hilldrop Road, N7

Thank you for your email regarding the above Penalty Charge Notice which was recently received at this office.

I am unsure as to why to you were unable to view the images online. They were loaded onto the system on the 19/04/13 at 18:46. However, I apologise for any inconvenience caused.

The Penalty Charge Notice (PCN) was issued because the vehicle in question was parked on a double yellow line.

Double yellow lines are restricted at all times and are found in areas that need to be kept clear for traffic safety reasons. Any vehicle in breach of this contravention will be a high priority for parking enforcement.

I can see from the photographs that you had parked partially in the bay and partially on a double yellow line. This is not permitted. If your vehicle cannot fit within the bay markings then an alternative parking place should be sought.

It would appear that the double yellow lines have been placed at this specific location in front of a dropped down kerb. This is to ensure that no-one parks there at anytime. If a single yellow line was there this would mean that drivers could park on the single yellow line after a certain time.

I have noted your comments about other road markings on Hilldrop Road, however these are not relevant to your case. The double yellow lines shown in the photographs comply with the relevant legislation.

Having fully investigated your case, I am satisfied that the PCN was issued correctly.


As the PCN was issued correctly, payment is now due. I have decided that we can accept the discounted amount of £65.00 provided we receive that before 27/05/13. Please bear in mind that on that date the charge will increase to £130.00.

If you wish to continue to contest the matter, the next stage is that a Notice to Owner will be sent to the person responsible for the penalty charge. This is a necessary legal step and further correspondence will only delay this process.

I am afraid you are unlikely to get a further opportunity to make discounted payment. However, the Notice to Owner will establish liability for the Penalty Charge Notice and the grounds under which representations may be made. If representations are made at this stage and they are rejected, there will be the right of appeal to the independent adjudicator at the Parking & Traffic Appeals Service.

You can make credit and debit card payment on - 020 7527 2000 - at any time. You can also pay on line at www.islington.gov.uk. If you prefer to pay by cheque, please make it payable to LB Islington and send it to the above address. Please write the PCN number on the back of the cheque. You may also send postal orders (quoting the PCN number).

Yours sincerely

Zara Davey



Is there anything here that can help me escape this charge?

Many Thanks

Will
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post Tue, 21 May 2013 - 11:00
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StuartBu
post Tue, 21 May 2013 - 11:20
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You'll need to post up the original paperwork you got for the offence ..all sides with personal details removed on the scans or pics. DO NOT alter the original..just use postit notes or do it digitally .
The Google link you gave doesnt really help without a street number or a Google Street View link like this one .
http://goo.gl/maps/C8T1W

As an aside are you saying your neighbour has built/is building an extension without getting Building Permissions? whats happening with this .
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Will Nightingale
post Thu, 23 May 2013 - 10:09
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Hopefully this link works: https://maps.google.co.uk/maps?q=n7+0je&...205.63,,0,29.53

The planning was never obtained, however I have now received a diagram of the TMO made in 2007 and it clearly shows DYL's in place by this dropped curb, no lines at the next curb and one single yellow and the final dropped curb.

I shall scan the PCN and upload all paperwork as soon as I can get my printer up and running again later on. Thanks so much for your reply.



once again, the link has failed. Try this one:

https://maps.google.co.uk/maps?q=n7+0je&...1,,0,0&z=16
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Incandescent
post Thu, 23 May 2013 - 11:17
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Much depends on how far you were into the DYLs, if just the bumper, then a de minimis argument at ATAS could succeed, but a full wheel over is dodgy IMHO, and unlikely to succeed.

So, it's decision time - pay-up at discount level, or wait for NtO, appeal again, get refused, then off to PATAS. Wait a bit before you decide to see if anybody else here has a contrary opinion. The PCN may contain fatal errors.
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