Parked on single yellow line

[vilet]

Hi everyone, i need someone's help. I receved a parking ticket on a sigle yellow line at 8:57 in the morning. The yellow line is not very clear (see picture) and i thought that i can appeal against this ticket. I had i look at the begining and at the end of the road and there is no sign of the controlled time.

Does somebody know on which grounds i should appeal or is it worth appealing?

[crem]

I would agree that the signage (i.e. the lines) are unclear and therefore not clearly conveying the restriction. Await some further expert opinions and guidance on what grounds you should appeal.

[Jamberson]

Who issued the ticket? A local council? If it is a private company, you don't need to worry - you can just ignore it.

 

If it is council, write a letter denying the contravention occured. Send a copy of your photo and say that you can now discern what appears to be a disused yellow line in the image, but that this was not clearly visible on the day, and you had no idea that you might be in contravention. If the yellow line is current, not only does it need a timeplate to be enforced (this may NOT be the case, but you can assert it anyway), but this line would be non-compliant due to its condition of near-invisibility.

 

That's what I'd write - see what they say. I think this is winnable if you fight it.

[vilet]

Thanks for your reply...

Yes, unfortunately, the ticket was issued by a local council, but i will try and fight this one....even though i think they will reject it!

[crem]

.even though i think they will reject it!

 

I think the will reject it also, they always do at the first appeal! Don't let them put you off. I don't see any way an adjudicator would uphold that line, in fact, Im pretty sure the council wouldn't want to risk it getting that far.

[Jamberson]

Yep, that's what I think too. They might well reject it first time, but keep going and I think you'll win. Come back for advice as and when, but make sure you follow the appeals process through.

[starfarer]

Not as bad as we had but still it's a joke. Anyway here's how I worded and 1/2 may help you:

 

 

Dear Sir/Ma'am,

 

I'm in receipt of PCN XXXXXXX.

 

I wish to make an informal appeal as no contravention occurred. The alleged Bay lacks the road marking or a sign to indicate the restrictions as stated on PCN i.e. “parked in .............................................”.

 

The procedure to be followed by local authorities in signing restrictions is set out in The Local Authorities’ Traffic Orders (Procedure) (England & Wales) Regulations 1996 (SI 1996 No.2489) (“the 1996 Regulations”). Regulation 18(1) provides:

Where an order relating to a road has been made, the order making authority shall take such steps as are necessary to secure:

(b) the maintenance of such signs for as long as the order remains in force.

 

The obligation under Regulation 18(1) of the 1996 Regulations goes further than merely placing the minimum signs required by the Regulations of 1994. Adequate information must be made available to the motorist in the particular circumstances of each location.

 

The Council’s duty in respect of traffic signs was considered by the Adjudicator in the case of Burnett -v- Buckinghamshire County Council (Parking Appeals Service Case No.HIW0003). He confirmed that any regulation of parking by a local authority must be brought to the attention of the motoring public by means of traffic signs. The regulations must be signed in such a way that the motoring public knows of the regulation.

 

The statutory scheme obliges the Council to erect and maintain signs and road markings which accord with the concept of fairness to the motorist and in unusual locations to ensure that the motorist is fully informed of the relevant traffic restrictions. The signs must operate in such a way as to provide reasonable information for the motorist concerning what is required in order to park lawfully.

 

I also wished to appeal on the ground of procedural impropriety and reasons as below.

 

(a)Statutory Guidance to Local Authorities on Civil Enforcement Of parking contraventions state:

38. The main objective of CEO should be to ensure parking controls are observed and enforced in a fair , accurate and consistent manner. Duties will include:

-checking and reporting defective traffic signs and road markings.

 

Missing sign is a defective street furniture, and CEO have the responsibilities to report it. I believe issuing CEO is trained to a minimum standard through recognised courses, and fully aware that the enforcement based on defective street furniture is not an accurate, fair and consistent. Moreover, deliberate such enforcement can be labelled as fraud.

 

I hope you would consider this letter and cancel the PCN. As the regulations are very clear, I've no hesitation to take the PCN at PATAS and ask for any compensation if it's decided that council acted unnecessarily. Should you to refuse this challenge, please include the reason explaining in each above in details with possibly a link to references.

 

Also I would like my rights and any more information or guidance on how to if I want to pursue the grievance against the issuing CEO as I strongly believe that the CEO acted fraudulently. Please feel free to contact me regarding this matter.

 

 

 

Thanking You.

[vilet]

Guys....I've just noticed that my PCN is called Notice No, does enyone know the difference between this 2? Do I follow the same procidure?

[nero12]

What area are we talking about ??

 

Why do you think the CEO has committed a fraud ??

[Jamberson]

Guys....I've just noticed that my PCN is called Notice No, does enyone know the difference between this 2? Do I follow the same procidure?

 

PCN just means penalty charge notice. The notice number means the PCN number - it's the same thing.