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Caught on single yellow line as parking time expired
chuck990
post Tue, 6 Feb 2018 - 20:29
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Hi,

Mum fell foul of a quite predatory ticket warden over the weekend. She was parked on a yellow line that allowed parking until 4 and came back to the car at about 9 minutes past only to find a ticket that had been issued at 16:06/16:07.

I've attached the street signage and the PCN below; dont think there's an awful lot to be argued - especially having read that grace periods dont have to apply to single yellow lines.

Can anyone give any saving grace perhaps? Or is this one of those time to just suck it up?





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post Tue, 6 Feb 2018 - 20:29
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chuck990
post Mon, 30 Jul 2018 - 15:20
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Letters have been sent.
Will now have to await the response (hopefully within the 14 days)
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chuck990
post Wed, 1 Aug 2018 - 09:56
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Response received....

QUOTE
4. The details of the matter challenged
The refusal, by the independent adjudicator, of an appeal against a £110 civil Penalty
Charge Notice, that was issued, by the London Borough of Merton, to the vehicle registered
to Mrs xxx, observed parked in a restricted street marked by a single yellow line,
at a time when waiting and loading/unloading restrictions were in force.
5. Response to the claim
The appellant through her representative, Mr xxx, contends that the motorist was
entitled to a ten minute period of grace having parked in a “free parking bay”.
The appeal adjudicator, Mr Carl Teper, was satisfied that the vehicle was parked in a
restricted street during prescribed hours as alleged on the face of the penalty charge notice.
Paragraph five of the adjudicator’s written determination addressed the issue of the yellow
line restriction coming into force at 4pm.
The appeal was refused on 27th June 2018.
The reviewing adjudicator, Mr Timothy Thorne, having identified no error of law or ground for
review under the regulations, rejected the appellant’s application for review on 14th July
2018.
The penalty charge notice was issued to the vehicle parked in the restricted street marked by
a single yellow line.
Had the enforcement authority issued a ticket to the motorist for overstaying in a free bay,
as authorised by or under an order relating to a designated parking place, under
contravention code 30 (parked longer than permitted), the ten minute period of grace would
apply.
In this case, the road markings and signage advised of two separate restrictions at the
parking location (this is not uncommon), namely, a marked parking bay and a single yellow
line with one kerb chevron.
The yellow line restriction was in force from 4pm.
The penalty charge notice was issued at 4.07pm for contravening the single yellow line
restriction.
No period of grace applied to the single yellow line restriction.
The enforcement authority advised the appellant of this in correspondence dated 14th March
2018, 16th March 2018 and in the Notice of Rejection document dated 9th May 2018.
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DancingDad
post Wed, 1 Aug 2018 - 10:04
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What are adjudicators on these days?
The vehicle was lawfully parked in a designated parking place at 4pm.
This is all the regs on 10 minute grace require.
There are no caveats regarding type of PCN, simply that a PCN cannot be served.


This is what the explanatory note says to the amendment says
QUOTE
These Regulations amend the Civil Enforcement of Parking (England) General Regulations 2007 to introduce a ten minute grace period before a penalty charge is payable and a penalty charge notice can be served in relation to a parking contravention where a vehicle is stationary in an off street or on street permitted parking place and the vehicle has been left beyond the permitted parking period.

While having no force in law it does make it clear that the intention is that it will apply to any vehicle overstaying their welcome in a designated parking place but not that any PCN depends on what the result of the overstay is.
In this case, the yellow line is irrelevant, all that counts is that the designated parking place existed up to 4PM.

This post has been edited by DancingDad: Wed, 1 Aug 2018 - 10:14
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chuck990
post Wed, 1 Aug 2018 - 10:59
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QUOTE (DancingDad @ Wed, 1 Aug 2018 - 11:04) *
What are adjudicators on these days?
The vehicle was lawfully parked in a designated parking place at 4pm.
This is all the regs on 10 minute grace require.
There are no caveats regarding type of PCN, simply that a PCN cannot be served.


Whilst I and others here would agree with you, this seems to be the end of the road in this case... The only next step seems to be a costly legal battle
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John U.K.
post Wed, 1 Aug 2018 - 11:34
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Chuck,
For clarity:
Is this the response to the Pre Action Letter of post #96?
Is the respoonse from LT or Merton Council?
It would be helpful to see the whole of the response.
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chuck990
post Wed, 1 Aug 2018 - 12:11
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QUOTE (John U.K. @ Wed, 1 Aug 2018 - 12:34) *
Chuck,
For clarity:
Is this the response to the Pre Action Letter of post #96?
Is the respoonse from LT or Merton Council?
It would be helpful to see the whole of the response.


It is the response from LT. Titled "general appellant letter". I am unable to upload the full letter at this point (on phone away from PC), but the parts not included in the above extract are addresses etc. and I don't think largely relevant
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cp8759
post Wed, 1 Aug 2018 - 12:13
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Can we see the full letter please? Also, is it from the tribunal or the council?

Assuming the letter is from the tribunal, if you wanted to take this further, you're looking at an application fee of £154 to apply for permission to bring a claim (unless you mum is on a sufficiently low income to warrant a partial or total remission of fees). I suspect permission would be granted because we've had inconsistent rulings from the tribunal, this is a novel point of law and having an authoritative decision would provide councils and motorists with some much welcome certainty. If you decide to take this further we can help you fill in the claim form and put together a claim bundle, but of course you might just decide to leave it at that.


--------------------
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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chuck990
post Mon, 13 Aug 2018 - 17:15
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Hi,

Apologies for the delay, I wanted to discus with my mother in person. We have decided that we wont be proceeding any further. The fee to do so, and the possibility of having to pay even more if we were to lose in court just looks too high a risk for the amount in question.

Many thanks to all who took the time to reply

For interest, here is the letter as requested:



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cp8759
post Wed, 15 Aug 2018 - 19:24
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To be honest that's probably a wise choice, I think you chances in the High Court would have been 50% at best.


--------------------
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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