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Hammersmith & Fulham PCN Contravention Code 01
helloecho
post Mon, 1 Apr 2019 - 20:28
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Our vehicle was parked on a single yellow line on Sunday afternoon. Returned to vehicle to find PCN on the windshield. The car parked behind did not have a PCN, nor any of the vehicles around the corner, even if parked in a bus lane. mad.gif






Streetview of parking: https://goo.gl/maps/v8Aoy3qZ8X92


Having searched the forums, I came across some of Bogsy's text re: code 01, but as it is from 2010, wonder if it is still relevant?

Could I use this in an appeal?

Thanks in advance for any help or advice!!!


From Post#4 of http://forums.pepipoo.com/index.php?showtopic=55902:

The alleged contravention did not occur. The traffic regulation order fails to define what a “restricted street” is and it does not prescribe that it is a contravention to park in a restricted street during prescribed hours.

Contravention code 01 was originally devised by the London Councils and reflected the fact that London council’s traffic orders made specific reference as to what is to be considered “restricted street”. This can be seen in the example below (for reference, Schedule 1 concerned No Waiting restrictions);

“restricted street” means any street within the London Borough of Lewisham specified in Schedule 1 (hereinafter referred to as a “scheduled street”) and includes, except where the context otherwise requires, so much of every other street within that London borough which is not a scheduled street or a street specified in Schedule 4 and which joins any scheduled street as lies between the kerb line of the scheduled street and a point 18.29 metres distant therefrom and any reference in this order to any restricted street shall be construed accordingly, provided that the expression “restricted street” shall not for the purposes of this order include–

(a) any area on a highway or any place within the London Borough of Lewisham for the time being designated or described as a parking place by any order made or having effect as if made under section 6 or section 45 of the Road Traffic Regulation Act 1984;

(b) in its application to a street specified in column (2) of Schedule 5, that length of street which extends 18.29 metres measured in the direction specified in column (3) of that schedule from the kerb line of the scheduled street specified in column (4) of that schedule, and in this definition the expression “kerb line” in relation to a scheduled street shall mean that imaginary line which is the projection of the line formed by the edge of the main carriageway of the scheduled street adjacent to its junction with the side in question of any other street;

© any length of street designated as red route;

The London boroughs would not go to the trouble of taking great care to specifically define what is a “restricted street” if it served no purpose and was unnecessary. Without a traffic order defining “restricted street” then it is reasonable to apply common language. The commonplace definition of “restricted” is thus; “place limits on, confine, restrain”. Therefore, in essence, the PCN informed me that I parked in a street during hours that the street is subject to parking restraints. It does not however inform me of how the vehicle contravened a particular parking restraint or even what parking restraint was contravened. It is highly important to note that not all parking restrictions prohibit parking (eg: parking place restrictions) and so parking in a restricted street during prescribed hours is not a contravention by default since it can be lawful. It is only a contravention if the traffic order is drafted correctly in the manner exampled above.

The council may be using the standard contravention codes but it should be remembered that these contravention codes have no statutory authority and cannot be relied upon as a defence as made clear in the key adjudication case between Metrick v Camden (Case no 207034396A).

I find the ground of “parked in a restricted street during prescribed hours” to be unsupported as a parking contravention prescribed by the traffic order and consequently the ground is ineffective in conveying what I allegedly did wrong and as such it does not satisfy paragraph 1(e) contained within the Schedule to “The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and the penalty charge should be cancelled forthwith rather than drag this matter to adjudication.

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post Mon, 1 Apr 2019 - 20:28
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stamfordman
post Mon, 1 Apr 2019 - 21:04
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No. Fraid not. You were in a controlled zone 9am-8pm every day:

https://www.google.com/maps/@51.5032238,-0....3312!8i6656

The residents bays would have tipped you off.
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PASTMYBEST
post Mon, 1 Apr 2019 - 21:05
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No that outdated and will not win. You were in a 7 days a week CPZ

https://www.google.com/maps/@51.5032659,-0....3312!8i6656



Check you route was there a sign indicating this on the route you took


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helloecho
post Mon, 1 Apr 2019 - 21:35
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Thanks for your quick replies!

I think the following sign threw us off, as we misinterpreted it:




For future reference, would you know why cars were able to park on the adjacent Shepherd's Bush Road itself since this road would also be in the same CPZ, and I would have thought it followed the same time restrictions?

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stamfordman
post Mon, 1 Apr 2019 - 21:49
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QUOTE (helloecho @ Mon, 1 Apr 2019 - 22:35) *
For future reference, would you know why cars were able to park on the adjacent Shepherd's Bush Road itself since this road would also be in the same CPZ, and I would have thought it followed the same time restrictions?


Where there is no timeplate on a single yellow the CPZ times apply. But council can vary with a timeplate and on the main road you can park on Sunday during the day.

https://www.google.com/maps/@51.502246,-0.2...3312!8i6656

I think you've been a bit unlucky here with that short bit - I would try asking for discretion citing the main road timeplate as there's only a short bit of double yellows between them.

This post has been edited by stamfordman: Mon, 1 Apr 2019 - 21:51
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PASTMYBEST
post Tue, 2 Apr 2019 - 08:11
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The sign you posted is only for vehicles above 5 t MGW of busses it does not apply to cars


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helloecho
post Mon, 20 May 2019 - 08:46
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Just wanted to let you all know that Hammersmith & Fulham cancelled the PCN.
A huge thanks to Artie Bucco and his awesome find, which I think helped our argument (see post 5):http://forums.pepipoo.com/index.php?showtopic=122787&pid=1483067&st=0&#entry1483067
This, and a point on confusing signage were the main points of defense.

Thank you all for your help!


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PASTMYBEST
post Mon, 20 May 2019 - 10:30
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QUOTE (helloecho @ Mon, 20 May 2019 - 09:46) *
Just wanted to let you all know that Hammersmith & Fulham cancelled the PCN.
A huge thanks to Artie Bucco and his awesome find, which I think helped our argument (see post 5):http://forums.pepipoo.com/index.php?showtopic=122787&pid=1483067&st=0&#entry1483067
This, and a point on confusing signage were the main points of defense.

Thank you all for your help!


please post the acceptance notice it may help others


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helloecho
post Mon, 20 May 2019 - 17:39
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Appeal:

Vehicle xxxxxxx was parked adjacent to Fairway Foods on a single yellow line on Sunday afternoon. As the single yellow line only posted a restriction for 5T vehicles and buses, and cars were parked on a single yellow line on the adjacent Shepherd’s Bush Road, it seemed clear that parking the vehicle should not be a problem. We only discovered the CPZ signage on google streetview, which shows it being more than 341m from where we parked.

I am requesting that PCN xxxxx be cancelled as the confusion in signage above the yellow line on which the vehicle was parked was not adequately signed as being in operation at the time in question. As advised in the Traffic Signs Manual 2008 Chapter 3 Para 12.11 and updated Traffic Signs Manual 2019 Chapter 3 Para 13.25.3 :

13.25.3 Care must be taken to ensure that drivers do not associate the upright sign with any yellow lines that relate to other waiting restrictions that might be imposed, particularly as these are likely to apply at different times. It is therefore recommended that the sign be co‑located with the upright sign that indicates the waiting restrictions associated with the yellow line. The two signs may be combined into a single sign; the panel indicating the prohibition of waiting in respect of goods vehicles and buses may be placed to the left or right of the other part of the sign. This might produce a neater arrangement than a tall single column where the sign includes white panels.



As well as upheld by the London Tribunals in which councils are “to understand and abide by the codes and protocols”.

London Tribunals Register, Case reference 2120013199 :

“Although motorists are presumed to be as familiar with the TSRGD as Adjudicators, the combination of yellow line and timeplate to 640.2A at locations where there are the two types of controlled zone ( overnight lorry ban and ordinary waiting) in operation at once is a well known trap for the unwary, so much so that it is specifically dealt within the Traffic Signs Manual 2008 Chapter 3 Para 12.11.” “…repeater signs to diagram 639 are required even within a CPZ and in their absence I am not satisfied that the restriction relied on by the Council can be said to be sufficiently clearly indicated.”

Please cancel this PCN xxxx in adherence with governmental regulation and precedence.


And Challenge Accepted:

Thank you for writing to us about the above Penalty Charge Notice (PCN).

The PCN was issued to the vehicle as it was parked where yellow line restrictions were in force.

The vehicle was parked in a Controlled Parking Zone (CPZ). Hours of parking vary throughout the Borough and the hours of restriction will be posted on signs at every entrance to the CPZ. You can find a map of the borough at…
https://www.lbhf.gov.uk/parking/pay-and-display

A single yellow is itself a road sign under the Traffic Signs Regulations & General Directions 2002. It is placed there to alert the driver of the existence of a parking restriction. It is up to the driver to read the yellow plate close by. Or and as was the case in this instance, if there is no yellow sign and the CPZ sign has not been noticed, to go back to read the sign at the entry to the zone.

Drivers do sometimes miss these signs, but local authorities are still legally empowered under the above regulations to sign in this way. The local authority is only obliged to place a repeater sign on the road if the time of the applicable restrictions varies from those shown on the CPZ sign.

The vehicle was in controlled parking zone CC. Restrictions in that zone apply from 09:00 to 20:00, Monday to Sunday.
A vehicle is not permitted to park when and where yellow line restrictions are in force, other than for the purposes of loading or unloading as permitted by legislation, or to allow passengers to board or alight.
However, I have noted your comments and confirm that the PCN has been cancelled on this occasion.
I confirm the case is now closed. Please be advised that we consider all cases individually, and so other PCNs issued in similar circumstances may not be cancelled.
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stamfordman
post Mon, 20 May 2019 - 18:02
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Council has been reasonable on this - as I said I think relaxing the times for the main road is likely to mislead for a short bit on a side road, compounded by the goods restriction (which is not relevant though usually).
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helloecho
post Mon, 20 May 2019 - 18:14
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Thanks to you, Stamfordman, a little research led me to some precedent to use.
Very grateful that LBHF have been reasonable on this case, as speaking to a local resident at the time of the PCN, the wardens are very often in this spot issuing tickets. It must be a known moneymaker for the borough...

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