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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
ajdj
Hi everyone, I have been reading this helpful forum for quite a while now and got a lot of tips which helped me get 1 PCN cancelled already, but last week I got a PCN for which I cant see any way out, hence I decided to make a thread and ask for some help.

On Boxing day the 26th of Dec 2011 I had parked on a single yellow line on Goldhawk Road, near Westfield Shopping centre in Hammersmith and Fulham council. Admittedly I was in a bit of a rush to find a parking spot to get to the sales and unfortunately I was also travelling with an ill informed friend; who adamantly insisted that parking on single yellow lines is allowed on Public and Bank holidays, which I believed to be wrong and only applicable to pay and display bays. But with plenty of other cars being parked on the same stretch of single yellow lines and his reassurance, I decided to park and trust his, and all the other motorists, judgement! Oh how wrong i was sad.gif.

I parked at around 13:00 and we returned nearly 5 hours later from our shopping trip to find a PCN attached to the car. After my initial confusion that none of the other cars behind me had a PCN, and the anger that I vented at my mate I decided to go into the minicab office nearby to ask whether they knew why I was the only one with a PCN. Turns out that all the cars parked behind me were minicab drivers who always keep a look out for a CEO and move their cars as soon as they see one approach! rolleyes.gif So following what I had learned from other threads here I decided to take some pictures of the signs, kerbs, and lines, and drive off. Feeling a bit lucky that I hadnt got towed!

From first impressions the PCN and images seem fine to me, and frankly I believe this road is probably well known to the CEOs and the council due to the minicab drivers parking there, so I believe theyve done everything necessary to ensure theres no loose ends and ways out, but then theres a few little things on the PCN itself and one of the signs that makes me hope I can appeal.

Might I add that I do completely agree that it was my fault and that I shouldve known better not to park on a single yellow line during restricted times, but frankly the long stretch of other cars and my friends advice foolishly led me to believe otherwise.

Possible grounds of appeal..?
1. The PCN does not state my exact location of Goldhawk road..which is a very very long road.
2. I checked the council website and no images were uploaded with my PCN. Dont know if theyve just been lazy and havent uploaded them or maybe they dont have any alltogether? Does that help at all?
3. The no loading sign has a sticker attached which is supposed to say '4-8pm' but reads '48pm'...pedantic I know, but I'm really trying to get hold of something sad.gif
4. Any errors on the PCN itself?

My exact location on Google maps (can see exact parking spot with streetview):
http://maps.google.co.uk/maps?hl=en&q=...ved=0CB0Q8gEwAA

Hammersmith and Fulham council parking restrictions during holidays: http://www.lbhf.gov.uk/Directory/Transport...ion.asp?LGNTF=1

Pictures of signs and car:








Any help is very much appreciated.

Regards,
David
hcandersen
I imagine they wait for the no loading period to begin before they start patrolling here because 02 doesn't need any obs period. So perhaps focus on the loading element - the restriction is required to be signed in accordance with the regs, and it isn't. I suggest you challenge on this basis (contravention didn't occur because there wasn't a restriction to be contravened by virtue of the absence of the mandatory traffic signs).

It would be good if you could elicit from the council in their response that the CEO checked the sign and, whether explicitly or implicitly, thought it met the mandatory requirements.


HCA
ajdj
Hi HCN thanks for your reply! Sorry to be a pain but since im quite new to this I dont exactly understand what you mean when you say that the restriction is required to be signed in accordance with the regs? What exactly are regs?

Is it important that the PCN contravention code (i.e 02) is not on the PCN?

and just to clarify am I right in believing that you are referring to the 'No loading sign' when you say that the mandatory requirements are not met?

Thanks,
David
hcandersen
QUOTE (ajdj @ Tue, 3 Jan 2012 - 02:39) *
Hi HCN thanks for your reply! Sorry to be a pain but since im quite new to this I dont exactly understand what you mean when you say that the restriction is required to be signed in accordance with the regs? What exactly are regs?

Is it important that the PCN contravention code (i.e 02) is not on the PCN?

and just to clarify am I right in believing that you are referring to the 'No loading sign' when you say that the mandatory requirements are not met?

Thanks,
David

Parking restrictions start life in the Road Traffic Regulation Act 1984 (RTRA).
The RTRA empowers local authorities to make parking restrictions, but also requires them to place traffic signs to convey what these are and where they apply e.g. single yellow line, parking bays, upright signs etc, to inform motorists.

There are regulations which set out the signs which must be used to convey each type of restriction.

If a motorist has contravened a restriction then a local authority may recover a penalty, which involves them complying with even more regulations.

The loading sign is incorrect because (as you can see if you look at the no waiting sign above) it must be clear as to when the restriction applies. All the sign states is that there is a no loading restriction - but when? 4am - 8pm; 4pm - 8pm? Or maybe 4.45pm - 8pm (the .45 being obscured)? Your alleged contravention occurred at 4.40! This point is given more weight because it's impossible to infer what, if anything, comes after the "4" by reference to the no waiting sign above. (it could not start at 4am because there is not a waiting restriction at this time - it starts at 7am - but as regards the "4", the start time could be 4, 4.15, 4.30 or 4.45)

As regards the regs governing the enforcement of penalty charges, these do not require contravention codes to be included within PCNs (in this case 02) so this is not a failure on their part.


see the post of "unknown786" where you'll see the sort of sign referred to.
HCA
ajdj
Thank you for clearing that up nicely smile.gif. Ok since the sign doesnt meet the mandatory requirements Ive just written a short letter with no explaination as to why I was even parked there. Do you reckon that is necessary?... should I say I was loading at the time?

I've frankly just used what you've written and made a draft. I'd be very helpful if you could have a read through and let me know if I should add/remove anything.

Yes unknown786 has got exactly the same problem, ill post a link of this thread, he might find some of this info useful.


PCN Number: HZxxxxxxxx
Vehicle Registration: xxxxx
Date of Contravention: 26/12/2011

Dear Sir/Madam,

I wish to appeal the above named PCN on the basis that the contravention did not occur since there was no restriction to be contravened, by virtue of the absence of mandatory traffic signs. The sign on Goldhawk road (picture attached) is not signed in accordance with the mandatory regulations of the Traffic Signs Regulations and General Directions (TSRGD) 2002.

The ‘No loading’ sign does not make clear as to when the restriction applies. Due to the attached sticker the exact times of the loading restrictions cannot be read properly. It is not clear whether the restrictions are from 4pm-8pm, perhaps 4:30pm, or even 4:45pm-8pm. The start time is obstructed and thus open to interpretation.

Furthermore, I would like to know if the Civil enforcement officer HF276 checked the restriction sign at the time of the alleged contravention and whether he/she believed it met the mandatory requirements.

I kindly request you to cancel the PCN and ensure the sign on Goldhawk road is signed in accordance with the TSRGD regulations to avoid confusion for other motorists.

Faithfully yours,
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