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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Octopuss
Hi , I’m challenging a PCN. Now at Notice to Owner stage as first Appeal refused.
Have 7 days in which to reply.

The road I live on is Residents permits between certain hours midweek. This ticket was issued for parking in the street during restricted times. The fact is, this ticket was issued outside of those restricted times and is therefore incorrect. Therefore, on that basis the PCN should be cancelled.

However what the Council state is that the ticket is really for parking on double yellow lines (my cars wheel is basically just outside the parking box by approx 3ft. On that score they're correct - but that's not what the Pcn was issued for. The pcn was issued for parking without a Residents Permit during restricted times.

Therefore I'm contesting it. Do you know which law, policy or whatever it is I need to quote to satisfy this independent panel that the Pcn was issued incorrectly.? Thank you. 🙂

Parking is restricted between 9-10am mon - fri. Not 8.43am on a Sunday. Thank you again.
Bogsy
No. It was issued under code 01 which means it was issued for parking on either a single or double yellow line unless you parked in a zonal area where lines need not be marked on the ground. Was any part of your vehicle hanging over a yellow line or unmarked area subject to no waiting? Ideally show us the council's photos and link us to the location via google street view.
Octopuss
This is the reply From the Council. It states the restricted times contravention, however, once I pointed out this they came back stating it was parking on double yellow lines. They can’t change the charge half way through can they?
PASTMYBEST
As bogsy said the contravention cited is parking in a restricted street during prescribed hours. This is signed by yellow lines and a time plate DYL are 24/7 if any part of your car is on them it's a contravention.
Lets see the pcn your challenge their rejection and the photos there may be something

6 Contravention codes and descriptions

CODE: 01
Penalty charge level: Higher Code description: Parked in a restricted street during prescribed hours. Code contravention: The contravention occurs when a vehicle waits during the prescribed hours in a restricted street (i.e. on a yellow line). Extra information to be recorded: • Details of yellow lines/stripes on kerbs • Details of kerbside plates. Loading/unloading allowed: Yes Observation period: Yes Exemptions: ABCDEFGHIJKLNOPQ Notes: Time plates are not required in CPZs except where the times of restriction differ from the CPZ hours. Time plates are not required on double yellow lines. Time plates are not required in pedestrianised streets.
Yellow lines may not be needed in pedestrianised or restricted streets.
Where a Blue Badge holder is permitted to park on a yellow line for a specified period of time and stays for longer than this period, code 30 should be issued rather than code 01.
Mad Mick V
Nowt to do with permits you were on a DYL and the contravention given is correct.

https://www.google.co.uk/maps/place/Clovell...33;4d-0.2643755

The only way you can fight this is a fatal flaw in the documents So post them up and we'll see if there are errors.

Mick
Octopuss
I have no further documentation.

Ok, if we’re talking DYL, why was that not the specific point to be made? As a result, I am now having to pay the full £110 charge. Is this a con that Ealing Borough are using in the hope that others do as I do? (Thinking out loud).

Now, in regard to the DYL, when I parked there at night there was a large van/lorry parked right behind me. My car is auto and seldom use handbrake, on this occasion I would not have used it. I return to my car following day, van has gone and my wheel is now over the double yellow lines. The wheel was not over the lines when I parked.

Find myself ticketed. Grounds for Appeal?
Neil B
Muddled.
You say you challenged and got a reply - but you've shown an NtO, not a reply?
PASTMYBEST
You can say what you want, we advise on the facts presented. we do not make up stories
Octopuss
QUOTE (Neil B @ Sun, 8 Oct 2017 - 10:36) *
Muddled.
You say you challenged and got a reply - but you've shown an NtO, not a reply?





As I thought I was in the right I threw it away. Coming across as really quite stupid now.

Thank you for all your help and understanding. Looks like I lost. Damn!!!
DancingDad
You are not alone, people act in really stupid ways with parking tickets, not keeping paperwork is fairly minor compared to some we see.

Yes, I think you lost, sorry.
However, make a challenge against the NTO anyway, will cost no more (as long as you meet deadlines) but will delay matters by another few weeks to get past pay day before paying up.
And you never know, council may muck up the reply and give you a win.... it has been known.

Have you any council photos that the CEO may have taken ? Often on the pay or challenge part of their parking website nowadays.
More then what are on the NTO ?

I am interested in how far you may have been onto the DYLs.
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