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01: Parked in a restricted street during prescribed hours : Rear wheel and boot on DYL, Ticketed for having the rear wheel and boot beyond the parking bay
sir.liegelord
post Tue, 27 Mar 2018 - 10:15
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Good morning

Re: CODE 01: Parked in a restricted street during prescribed hours

I was ticketed for having the rear wheel and boot beyond the parking bay.

1) Rear wheels were 8-10 inches overhanging beyond the T-point of the DLY end-point
2) It was a Saturday
3) CEO observed the vehicle for 1 minute between 10:17 to 10:18 printed on PCN
4) Vehicle was parked in this position for 3 -4 minutes
5) 10 pictures taken
10:17:43 Picture of vehicle from rear wheel on DYL
10:17:50 Picture of windshield no PCN
10:18:58 Picture of vehicle from side
10:19:02 Picture of PCN on windshield
10:19:10 Picture of registration number
10:19:15 Picture of drivers side window
10:19:19 Picture of contravention
10:19:29 Picture of PCN print in CEO hand
10:19:39 Picture of PCN print in CEO hand
10:19:48 Picture of PCN print in CEO hand

Images:


Any advice would be appreciated please.

Best regards

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post Tue, 27 Mar 2018 - 10:15
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hcandersen
post Sun, 29 Jul 2018 - 21:08
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From: Woking
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Register your appeal

Grounds:
Contravention did not occur, and
Procedural impropriety

I was parked on DYL which on reflection was an error my part. However, I believe this was to a trivial extent.
The DYL are not consistent with the pattern of restrictions in the area and seem to have the sole purpose of protecting the dropped footway, which clearly be seen, despite no such markings being needed and where their extent is different and less onerous than that of a dropped footway.

As part of my representations this led me to enquire of the council whether they were underpinned by a traffic management order or simply put in place to draw attention to the dropped footway. Despite asking for this information in my representations and separately, no TMO has been produced which establishes the lawful basis of the DYL. Reluctantly therefore I have had to resort to an appeal at which the authority will be required to produce this evidence.

As regards my grounds of procedural impropriety, these will depend on whether a TMO is produced. If it is not, then the adjudicator would have no reason to consider these grounds as they would no doubt allow my appeal on the first grounds. But if a TMO is produced, then I would ask the adjudicator to consider why this evidence was not produced earlier in response to my requests.
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sir.liegelord
post Tue, 14 Aug 2018 - 08:43
Post #42


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Group: Members
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QUOTE (hcandersen @ Sun, 29 Jul 2018 - 22:08) *
Contravention did not occur, and
Procedural impropriety


Thank you cp8759 and hcandersen! Appreciate your short and succinct text above.

Also, thanks to the following members for giving me guidance.

PASTMYBEST
ford poplar
peterguk
DastardlyDick
stamfordman


I won the appeal with London Tribunals.

I personally attended the hearing @ London Tribunals, Chancery Exchange, Ground Floor North, 10 Furnival Street, London.

The Adjudicator was very polite and respectable. She listened to my appeal verbally and checked the responses from the Enforcement Authority. Took 15 minutes altogether. A decision was not made on the spot, she recommended that I take leave and the decision will be sent via post.

Lo and behold an email arrived this morning with the decision!

_____________

Adjudicator's Reasons

I have heard the appellant in person who I find an honest and credible witness. The Authority did not appear and was not represented.

The Enforcement Authority's case is that the vehicle was parked on double yellow lines. The appellant states that the incursion was trivial and, if there were contravention, it is de minimis. He has requested on numerous occasions, throughout his appeal, for the Enforcement Authority to provide a copy of the Traffic Management Order (TMO) which he claims would establish the lawfulness of the double yellow lines. He complains that the Enforcement Authority only produced an extract at the appeal stage with their case summary.

I find that the vehicle was parked with the rear of the vehicle on double yellow lines. On the face of it this is a contravention. The brief extract from the Traffic Management Order, however, does not satisfy me that the double yellow lines were lawfully and properly placed.

The Enforcement Authority has not complied with their obligation to consider the appellant's representations. They have not satisfied me that the Traffic Management Order provided for double yellow lines at the location in question.

I allow the appeal.

_____________


Couldn't have done it with out your help! Thanks for spending time and effort with people who need help!
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cp8759
post Wed, 15 Aug 2018 - 20:30
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Excellent result, well done.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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