Sunday - Single Yellow Line - No signage - Ticket & Towed - Spital Street (Behind Brick Lane) ** Appeal Won**

[sam110684]

Good Morning everyone,

 

After my First Letter (see link below):

 

https://dl.dropboxusercontent.com/u/415358/Appeal%20Letter/Letter%20One%20of%20Appeal%20PCN%20TT21316589.pdf

As you know from earlier in the thread, The council rejected my appeal (See link below for the council's letter)

 

https://dl.dropboxusercontent.com/u/415358/Appeal%20Letter/page1.jpg

 

https://dl.dropboxusercontent.com/u/415358/...etter/page2.jpg

 

https://dl.dropboxusercontent.com/u/415358/...etter/page3.jpg

 

I have now finalised my Second Appeal Letter with the help of people on here. Was advised to only go the route of Council effectively admitting signage was poor with new Signs being installed.

Adding other grounds of Appeal as stated in First letter would only confuse matters. Here is the second Letter:

 

https://dl.dropboxusercontent.com/u/415358/Appeal%20Letter/Letter%20Two%20of%20Appeal%20PCN%20TT21316589.pdf

Please let me know your thoughts on my letter and if you feel I should add/remove anything please do let me know. Will be sending out in the next few days.

 

Many thanks for all your help on this Forum... hopefully this Appeal is successful this time.

 

Thanks

 

Sam

[sam110684]

Hey guys,

 

Just to let you know that after 6 months...and the Council rejecting my first appeal I appealed again to Patas and.....

 

I WON!!!

 

Thanks to everyone for there help,

 

http://www.patasregistersofappeals.org.uk/...eref=2130244212

 

Many thanks

[Surfer01]

Brilliant. Congratulations and thanks for updating us.

[Michael Browne]

PATAS decision:

 

The allegation in this case is that the vehicle was parked in a restricted street during prescribed hours. Mr. Bonney does not dispute that the vehicle was parked on a single yellow line criticises the quality of the signage indicating the restricted hours.

 

As the Highway Code makes clear there are 2 methods of signing the prescribed hours applicable to a 'no waiting' restriction on a single yellow line, by an adjacent time plate or by Controlled Parking Zone signs. The Enforcement Authority rely on this location being within a Controlled Parking Zone.

 

In a Controlled Parking Zone the requirement is that the restricted hours are signed at each vehicular entry point. There is no requirement for time plates at individual yellow lines unless their restrictions differ from the general Zone restrictions. Indeed the purpose of Controlled Parking Zones is to reduce the expense and clutter of signage adjacent to every single yellow line. In this case the Enforcement Authority state that the Zone restrictions include 8.30am-2pm on Sundays. The PCN in this case was issued at 11.42am on a Sunday.

 

Mr. Bonney parked on a single yellow line without knowing the restricted hours for the single yellow line. He parked in a location close to a Sunday market where the risk that restrictions would apply on Sunday should have been plain. He could have had no complaint about the enforcement action taken had the Enforcement Authority provided evidence showing that the signage relied upon was substantially compliant, clear and adequate. However, he has provided evidence disputing the Controlled Parking Zone signage.

 

By letter of 25.07.13 I directed that the Enforcement Authority address the criticisms of the signage made in Mr. Bonney's email of 15.06.13. They have failed to reply. In the circumstances I am not satisfied that the signage of restrictions was substantially compliant, clear and adequate and accordingly I allow the appeal.

[jman86]

Hi Sam,

 

Not sure whether you are still checking this thread, but thought I should give it a go...

 

I'm writing to you to see whether I could get some assistance with an appeal that I am about to make.

 

My car was towed on exactly the same street as you 2 Sundays ago (looking at the photos my car was only a few spots up the street from yours). Same reason as yours - in Controlled Parking Zone on a Sunday morning (before 2pm). It was towed and I had to pay £265.

 

I would now like to appeal to them, with similar reasons to you. Would be amazing if you could let me know which point(s) you think is/are the most important to include in my appeal letter? The second letter that you sent was so detailed - thanks so much for sharing these with us!

 

Any help will be much appreciated

 

Thanks!

[green_and_mean]

Hi Sam,

 

Not sure whether you are still checking this thread, but thought I should give it a go...

 

I'm writing to you to see whether I could get some assistance with an appeal that I am about to make.

 

My car was towed on exactly the same street as you 2 Sundays ago (looking at the photos my car was only a few spots up the street from yours). Same reason as yours - in Controlled Parking Zone on a Sunday morning (before 2pm). It was towed and I had to pay £265.

 

I would now like to appeal to them, with similar reasons to you. Would be amazing if you could let me know which point(s) you think is/are the most important to include in my appeal letter? The second letter that you sent was so detailed - thanks so much for sharing these with us!

 

Any help will be much appreciated

 

Thanks!

 

I would have thought that the adjudicators letter posted by MB above would indicate why it was allowed! However its best if you start your own thread and post all the details trying to use someone elses appeal for a different ticket sometime after the first is a bit pointless they may have changed the signs or even changed the restriction by now.