PCN while between kerb and yellow lines Options

[halibut]

I parked in what I thought was a legal parking area between the kerb and (unterminated) double yellow lines and an incomplete white line.

I was loading though I wasn't in attendance during the observation period (between 5 and 6 minutes)

I've drafted the text below as a challenge. All the details are there. Any chance of success? Some more educated / experienced opinions would be great.

Extremely confusing if I am guilty.

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Re: PCN XXXXXX

On 27 Jul 2018 my vehicle <reg no> was issued with a Penalty Charge Notice for being parked in a restricted street during prescribed hours.

In accordance with the Traffic Management Act 2004, my challenge is on the basis that the contravention did not occur.

1. I was in the process of loading my car. I attach pictures of the car laden prior to leaving.

2. I was parked in a lay-by between the pavement and the yellow lines. The Department for Transport Guidance to Local Authorities advises

"20.5 If restrictions are imposed in a lay-by, the lines ... should be laid at the back of the lay-by and not along the continuation of the main carriageway edge. This should leave no room for doubt that restrictions apply in the lay-by."

3. The only other line present is a solid white line which only runs for about two-thirds of the lay-by

4. The yellow lines do not end with the required terminating bar. The lines on the other side of the road are terminated.

5. There are no signs stating that there are restrictions on the use of this lay-by, or any other parking restriction signs in that area.

6. The ticket details are incorrect. The colour of the vehicle is clearly black. The ticket states it is grey.



Please find enclosed evidence to this effect, in the form of photographs showing

* the vehicle parked between kerb and the unterminated yellow lines

* the incomplete solid white line

* the lack of a terminator on the yellow lines on that side, with the presence of terminator on the other side of the road

* The vehicle loaded ready to leave.

For these reasons, I look forward to receiving notification that the Penalty Charge Notice has been cancelled.

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[stamfordman]

Well done. Post the letter - often good for a laugh, especially when they're written by someone with less sense than the average halibut.

[halibut]

So I quote:
"
Your comments have been carefully considered and on this occasion, we have cancelled the Penalty Charge Notice.
A Penalty Charge Notice was issued to the vehicle because it was parked in a restricted street when it was not permitted to be there, as indicated by the yellow line markings.
Please note the area in which you parked in not a loading bay. The yellow lines apply from the central reservation to the boundary of property and therefore apply in the area in which you parked.
You explained that you believe you were allowed to park because you were carrying out loading activities.
We have looked at all the information on your case and can see that your vehicle was observed continuously for 6 minutes to check for any loading or unloading activity. Loading and unloading must be continuous and the vehicle must be moved once it is complete. Even if the delivery only takes two minutes, the vehicle must be moved as soon as the process is complete.
We note that you have supplied images of your loaded vehicle, which you refer to in your correspondence. Thank you for submitting a copy of this. This is sufficient evidence and this Penalty Charge Notice has been cancelled.
"
Looks like a bit of a cut'n'paste job to me. Apart from the first and last paragraphs, it seems to be heading towards rejecting my points. It doesn't clarify anything I said apart from the loading, really.
What do you think?

[Incandescent]

The usual lofty arrogance of officialdom, but they cancelled, so you got the right result, well done !

[cp8759]

What do you think?

I think they have a bank of templated paragraphs they haphazardly cobble together. I can hardly blame them, if you were writing dozens of these letters each day, I'm sure you wouldn't start each one from scratch. Besides, nobody challenges an acceptance letter so it hardly matters to them anyway.