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PCN Parked in a restricted street during prescribed hours, Parked in a restricted street during prescribed hours
Tallowa
post Sun, 2 Jun 2019 - 12:07
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Hi All
Need some expert advice.

My vehicle was issued with a Penalty Charge Notice for the reason of “parking in a ‘restricted street’ during prescribed hours”.

I'm arguing it didn't occur on the grounds that there is only one very small sign, attached high up on a pole, making it almost invisible. The pole is also offset and outside of the parking space area.
The yellow line on the road, running parallel to the parking spaces at the side of the road is not clear or defined? It appears to have been neglected and rubbed out. It should be continuous if restrictions are to be abided no?

The "street" in question is actually a lane, and almost rural save for a few highbrow, privately owned properties. The tiny sign plate with restricted hours between 10AM-12PM mentioned above is also behind a much larger road sign indicating a roundabout ahead? It should be clearly and strategically placed between the top and bottom ends of this space off the road, not cynically placed where it can’t be noticed. Not enough space to put a photo up.

I've sent photographs of the lines and sign plate to this effect.

However they've rejected my argument and totally ignored what I said about the yellow line on the road. (See pics)

Do I have a case ?

All replies much appreciated.
Thanks in advance.

This post has been edited by Tallowa: Sun, 2 Jun 2019 - 12:09
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post Sun, 2 Jun 2019 - 12:07
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cp8759
post Tue, 16 Jul 2019 - 12:04
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For now we only need the following:

1) The date of the Notice of Appeal, this is the first letter / email the tribunal sent you saying the appeal had been registered
2) The date the the council uploaded its evidence, this should be apparent from the tribunal website
3) The council case summary


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Tallowa
post Tue, 16 Jul 2019 - 18:06
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1) 15/07/2019 @ 08:19
2) 15/07/2019 between 09.48 and 09:53 - with 14 pointers and a "Replica NtO" ??
3) Authority Summary:
The Council would like to submit that the Penalty Charge Notice (PCN) was issued on 15 May 2019 as the vehicle (Reg plate) was observed parked on a single yellow line during the restricted hours. The single yellow line at the location indicates a prohibition on waiting by vehicles between the hours of 10am and Noon Monday to Friday, as detailed on the adjacent signage. The appellant has submitted their appeal under the grounds that the contravention did not occur and there has been a procedural impropriety by the enforcement authority however have not provided any explanation or evidence in support of why they believe this. A procedural impropriety is a failure on behalf on the Council to comply with any requirement imposed by the Traffic Management Act 2004, by the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 or by the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Regulations. The Council is satisfied that we have complied with all statutory requirements in the issuing and enforcement of this PCN and contend that the vehicle was parked in contravention of the waiting restriction. Thus the Council will continue to contest this appeal.
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Tallowa
post Tue, 16 Jul 2019 - 18:34
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QUOTE (hcandersen @ Tue, 16 Jul 2019 - 11:32) *
OP, in which direction did you head after you parked your car 'early in the morning'?

As I wrote at the start, we're at adjudication where the adj will decide whether the location of the sign complies with the council's legal duty. I have suggested an approach below. As you know, I think you were fully aware of the restriction before you parked, but this is not the issue.

IMO this can be presented simply:

On **** I parked at the location during the hours of darkness (if true) at approx. **** (time). I entered Babylon Lane from the roundabout on the A217 which is a 40 mph clearway.

I saw the yellow line and looked for a traffic sign in the vicinity. I did not see one and therefore could not tell whether the part-time restriction applied at this time in the morning - if true. I left my car and ****** (what you did).

On my return, I found the PCN but was still none the wiser what the restricted hours were - if true.

I now know that the arrangement at the site is as follows - see enclosed wide-angle GSV shots showing the line, location, signs and other street furniture in their proper context.

Enclosure 1:
This is a line diagram showing the roundabout, yellow line, 2 time plates, the location, a traffic sign giving the strategic road layout, a regulatory traffic sign indicating the roundabout and the only footway in the vicinity. I have indicated the location of the time plate upon which the authority rely.

Enclosure 2:
This is GSV showing the view available to a motorist from the location.

What I have discovered after the event and as the adjudicator will see, the time plate upon which the authority rely is wholly obscured from the location, there being no intervisibility because of the presence of the strategic road layout sign. At this point the duplicity of the authority becomes clear because the view of the sign in their photo upon which they rely can only be seen by standing in the carriageway within 20 metres of the roundabout. This view is not even possible from the only footway - which is opposite - because the detail would not be clear from such a distance. I am certain that the adjudicator would notice that there are in fact 2 time plates located on the yellow line between the roundabout and the traffic direction sign and neither can be read except by a motorist standing in the carriageway or on the opposite footway, assuming of course the motorist knew they were there in the first place, and yet on that part of the yellow line where it is safe to wait the council have not placed any sign. I would suggest that the reason for this is obvious, there were not any pre-existing poles on which to hang a sign and they could not and cannot be bothered to instal one where it would actually serve its proper purpose.

In the circumstances, I do not know what else I could reasonably have done to find a sign and I would ask the adjudicator to allow my appeal accordingly.


Hi
I crossed the road and walked towards the roundabout turning right which follows down into the bridal way that crosses the hoarding site called JR Hoarding. It was around 5 AM so not very light. Saw no signs to indicate there were any restrictions. I was parked at the far end near the entrance to this high walled property and diagonally opposite the pole with the parking time restriction plate practically obscured by the other much larger signs.

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cp8759
post Tue, 16 Jul 2019 - 19:57
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I was going to put something together but imgbb seems to be broken so I can't see the paperwork, I'm sure it's a temporary glitch so I'll try again in the morning.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Tallowa
post Wed, 17 Jul 2019 - 02:43
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No probs CP
I'm so tired at the moment I wouldn't have read it till now even if you had. Doing 9 - 10 hour days isn't healthy.
Got till the 22nd to respond to the tribunal
Thanks again for your help. I hope they get picture. As mentioned I genuinely did not see any signs and the position where that single little plate is placed is ridiculous. Poorly maintained or broken yellow lines IMO means NO yellow lines if they cannot be bothered to complete them. But as someone else mentioned no yellow lines doesn't work anymore? Can't be right if they use them to enforce laws.

This post has been edited by Tallowa: Wed, 17 Jul 2019 - 02:45
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hcandersen
post Wed, 17 Jul 2019 - 06:00
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Poorly maintained or broken yellow lines IMO means NO yellow lines if they cannot be bothered to complete them. But as someone else mentioned no yellow lines doesn't work anymore?


Do NOT even go there. Your argument regarding the signs is not only compelling, it is objectively provable. You would appear credible.

But if you mention the lines then IMO your credibility goes to hell in a handbasket because objectively the line is clear and 'yellow lines doesn't work anymore' casts you in a completely different light.

But it's your money.

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cp8759
post Wed, 17 Jul 2019 - 11:35
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Draft appeal: http://bit.ly/2LqadG1

You'll need to download it, add in your name and the case number (see bits in red), change all the text to black and then export to PDF. You can then upload it to the tribunal website and ask for a postal decision.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Tallowa
post Wed, 17 Jul 2019 - 20:56
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Hi CP
Many thanks again.
I owe you one regardless for showing such an interest.
I managed to save and load it on to the tribunal website as a word doc including photo.
Now with adjudicator

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hcandersen
post Wed, 17 Jul 2019 - 21:16
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My God.

'Could have been missed', but was it? If it was then the OP should have said so.

I parked, I looked, I could not see, and these are the reasons why......

Good luck.
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Tallowa
post Wed, 24 Jul 2019 - 21:36
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RESULT !!!!
hello2.gif hello2.gif hello2.gif hello2.gif

Thank you all so much but especially to CP! thumbsup.gif

https://drive.google.com/file/d/1JStk8N8f2k...0Q2rBqStAp/view

This post has been edited by Tallowa: Wed, 24 Jul 2019 - 22:19
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