PCN for parking in layby with double yellow lines Options

[davetherave629]

Hi first of all thanks for reading!!

So I got a ticket for parking in a layby with double yellow lines on both sides of the main road (no lines in the layby). It's across the road from my flat which is above a row of shops with parking, here is a link to the street view. (My car was in the space outside the deserted looking newsagents on the opposite side to the main shops)

https://goo.gl/maps/y6fGK9v39NQ2

I've been parking here for around 5 months since I first moved in and never had a problem, there are cars parked in this layby every day. I park here so the shops across can use the spaces out in front for business and no one has ever had any problems with it. So lo and behold my reaction when I got a PCN!!!

Here are the pictures of the PCN and how my car was looking in the exact place it was parked. I really hope you guys can help me out and I will be really thankful for any advice you have!!






This post has been edited by davetherave629: Wed, 14 Nov 2018 - 17:45

[Advertisement]

[PASTMYBEST]

I have a case that won very similar to this one but am struggling to link it and don't have time to mess just now I'll try later

[DJ Lexy]

I have a case that won very similar to this one but am struggling to link it and don't have time to mess just now I'll try later

You're probably looking for Technology Drive in Rugby? That one raises its head every now and again.

[DancingDad]

Technology Drive is favourite.
The Traffic Sign guidance says that yellow lines should follow a layby to avoid the risk of people believing they can park lawfully.
It is guidance but councils should have regard.
Councils will say, correctly, that yellow lines apply to the edge of the highway. Carriageway, footway, verges are all included as are layby areas such as that.
But that does not excuse them from ignoring guidance.
There is also legitimate expectation in this case. OP has been parking there trouble free for five months as have others.

[PASTMYBEST]

Technology Drive is favourite.
The Traffic Sign guidance says that yellow lines should follow a layby to avoid the risk of people believing they can park lawfully.
It is guidance but councils should have regard.
Councils will say, correctly, that yellow lines apply to the edge of the highway. Carriageway, footway, verges are all included as are layby areas such as that.
But that does not excuse them from ignoring guidance.
There is also legitimate expectation in this case. OP has been parking there trouble free for five months as have others.

technology way is the one I have it on pdf but cant link

[cp8759]

York City Council PCNs also don't comply with appeals regulation 3(2)(b)(ii), which is a procedural impropriety.

[PASTMYBEST]

The decision is at post 53 this thread

forums.pepipoo.com/index.php?showtopic=117225&pid=1362737&st=40&#entry1362737

[cp8759]

Direct link: http://forums.pepipoo.com/index.php?act=at...st&id=53979

[davetherave629]

So what's my best course of action? Should I send off for an appeal? Thanks

[cp8759]

Draft informal representations and put them on here before sending them off.

[davetherave629]

Draft informal representations and put them on here before sending them off.

Ok, so here are my informal representations:

I believe that I should not have to pay this parking ticket for the following reasons.

Firstly, the markings and signage are very unclear as to whether or not this is a restricted area. There are no signs, and although there are double yellow lines on both sides of the main road (none in the lay-by), there is plenty of unrestricted parking in front of the row of shops just over the road from the lay-by. This makes it very confusing as to where on Boroughbridge Road there is restricted parking at all.

Secondly, I believe it is unreasonable that I have been given this ticket. I have lived on Boroughbridge Road now for around 5 months. In this time I park my car in the lay-by on most weekdays. I have never had any parking issues, nor have others I have talked to who park in the same lay-by. Furthermore, the lay-by is in constant use for parking, there are cars parked in the lay-by every day which do not cause anyone any issues.

Thirdly, the evidence showing the pictures where my car is parked do not display the full length of the lay-by and so there could easily be other cars parked on it. From asking around I haven't managed to find anyone else who has been given a ticket so I think this is very unfair on me, and I should not have been ticketed in the first place.

I hope you will take these reasons into consideration.

Many thanks,
Max

How does this sound? Thanks a lot guys


Also here are the pics from the council's evidence

[cp8759]

I would make it much more simple and to the point:
-------------
Dear Sir or Madam,

I parked in the lay-by because I had a legitimate expectation that parking is permitted at this location. I have lived on Boroughbridge Road now for around 5 months. In this time I park my car in the lay-by on most weekdays. I have never had a PCN, nor have others I have talked to who park in the same lay-by. Furthermore, the lay-by is in constant use for parking, there are cars parked in the lay-by every day which have never to my knowledge been served with a PCN.

The Traffic Signs Manual indicates that where double yellow lines apply within a lay-by the lines should be extended within the bay to eradicate any doubt as to their application. While the Traffic Signs Manual is not the law it is official guidance issued by the Department for Transport. The fact that the lines do not extend with the bay, combined with a lack of enforcement over many months, lead me to form the legitimate expectation that parking at this location was permitted. I trust that given the scope for ambiguity, you will agree to cancel the PCN on this occasion.

[davetherave629]

That sounds brilliant!! I'll get that sent off and let you know the outcome. Thanks so much again!

[davetherave629]

Hey everyone!! So thank you so so so much, I sent off the appeal and the ticket got cancelled!! Thank you cp8759

Here's a screenshot of what I received. Thanks again!!



This post has been edited by davetherave629: Sat, 8 Dec 2018 - 18:39

[cp8759]

A council admitting the CEO got it wrong, that's a first.

[Incandescent]

A council admitting the CEO got it wrong, that's a first.

Actually, I think it is the council that have got it wrong with their painting of the yellow lines.