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emilio
Hi All,

I got a PCN and have just challanged it. I have explained my case in the letter I wrote so will not bore you by repeating myself. Contravention Code 01 & Reason PARKED IN ARESTRICTED STREET DURING PRESCRIBED HOURS. Please help me understand if I have a good case here. Thank you.

The letter wrote:

"Good Afternoon,
I would kindly ask for you to reconsider this PCN. Honestly, if my case is not won, I am more interested in kindly asking for your assistance. Please please get onto the Hertfordshire Highway Company to sort this out because it is unfair to the future public individual who gets caught out by the same reason as I did.

On the 27th of January I got a PCN, which I believe I should not have. I am disappointed in the PCN officer for one reason. He watched me during 14:43 to 14:52. I was inside and then outside the vehicle doing some work on my laptop on the hood for a further 5 minutes preparing for a work meeting. During that time I was being watched. I live by the simple saying of its Nice to be Nice. I help out the odd person when I can. As I was outside the car with my back to the pathway, I did not see any PCN officer, I do not know if he/she was hiding. But I would have thought for the officer to come up to me and kindly advise that I am not allowed to park on here as the double yellow restricts me from parking there (which I did not see at the time). That is all I would have needed to move my car out the way and found somewhere that I can park. That was my first time in that area. But he waited for Nearly 10 minutes watching me, hiding somewhere and waited for me to leave the car, and then gives me a PCN. Which, I am more disappointed about more than anything sad.gif.

Moving on from that, I have supplied 2 of the pictures the PCN officer took and one of my own. You can see from the PCN officer who took the Front and Rear of my car, that the double yellow is not visible. I completely understand that the line does not have to be perfect, but to be in that condition, where the visibility of the lines from less than 0.5 meters away, can hardly be seen, is very unacceptable.
To add to that, further up the road the double yellow had been recently repainted (they are not perfect but are clearly visible). I have supplied my picture to show that there has been a repaint on that road, and further up the road as well. Now I am completely confused as why they did not repaint the whole street since they where there doing the job. Why do part of a job when you can completely do the whole job and save the public from future confusion.

I spoke to the lovely Lucy on the phone at your Parking department of the council on the 16th of February and she advised me to write in despite it being 14 days after the notice and she said she cannot do anything as the appeals have to be in writing but she completely understands me. I have been very busy and have failed to remember to challenge the notice within the first 14 days, as we are human this happens unfortunately.

I have a hire car and the hire company will automatically pay the PCN and charge me an extra £45 for the admin fee (another ticket in itself). I am kindly asking for you to evaluate this case before any notice to owner is sent out.
I believe that I should not have got the parking ticket, and I hope you see why I believe that. Please could you get back to me with a response, if possible before the notice of owner is sent out.

What I am more passionate about, is getting those horrible faded lines repainted. If you guys think that I do deserve the PCN please use the £70 that I am paying to go toward the repaint of that road as it is unfair for road users.
I thank you for your time, and I want to thank you in advance for your reply.
Thank you,"
DancingDad
Probably best to wait and see what comes back from that appeal.

In a nutshell, an adjudicator (which is likely to be where this ends up) will need to decide whether or not the DYLs were sufficiently clear to show the restriction.
From the photos I cannot tell but it is obvious that there is a massive contrast between the new and old lines. This contrast is such that it seems the old section have been disregarded and may have had an attempt to remove.
emilio
Dancing Dad - Thank you for your reply. From the pictures from about 0.5 meters away, the lines are barely visible (the picture the PCN officer took). From the picture I took (without the time stamp), it looks as if the double yellows have been faded out on purpose, which is what I originally thought. Atleast there has been a lesson learnt - do not parked on faded double yellow as they are still in force.

Also, what is a DYL? Sorry I am a bit of a Newbyy at this!

Thank you,
DancingDad
DYL = Double Yellow Line

It is precisely the point that the DYLs seem to have been faded on purpose that may win it.
Coupled with that a CEO could have warned you and ample pleas for discretion.
Lets see what they come back with.

As a general rule, if it looks like a yellow line, it is one. But as councils have a duty to clearly sign restrictions and in this case seem to have failed, worth the challenge.
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