PCN Dispute - Please help

[Abby1415]

Hi

 

I received a PCN for being 'Parked in a restricted street during prescribed hours'.

 

In front of my car where I have parked, there are bays which allow you to park without a permit.

 

Behind my vehicle, to the left, there are bays for permit holders between 1 - 3 only.

 

I have parked on a single yellow, as I have done many times (and was advised that legally I could do so, as the yellow line was broken, by a parking enforcement officer himself many months ago)

 

Are there any grounds of appeal?

 

The yellow signage above where I have has been tampered with and read 1 to as opposed to 1 to 3.

 

I don't know whether this would help my appeal at all?

 

The parking enforcement officer had taken a photo of my permit (which had expired) so I can only assume I received a ticket on this basis.

 

I would really appreciate any help to appeal this ticket.

 

 

Many thanks,

 

Abby

[Michael Browne]

Whilst there are breaks in the SYL, these days adjudicators look to see if there is 'substantial compliance' ie whether it is reasonably apparent that there is a restriction in place.

 

Looking at your pics I would say it is.

[Abby1415]

Thank you for replying.

 

Oh no. The fact the sign which advises of the time restrictions being tampered with, won't help at all? Also any ideas how to edit a post? I can't seem to find the edit botton.

[Jamberson]

The signage might help.

 

To understand this correctly - you are issued a PCN for contravening a traffic order, which is the legal description, definition, etc of the restrictions. So regardless of the signs and lines, you were parked in contravention.

 

However there is a requirement that the restriction is clearly communicated to the motorist. If it isn't, that's grounds for appeal. So, with this in mind, I agree with Michael that the yellow line is clear enough and if a CEO told you that a break in it meant it can't be enforced, he's talking rubbish. As for the sign, do you have a picture?

 

By the way, I think you can only edit your post for a fixed period (10 minutes or something). Just add a new post.

[Abby1415]

Hi Jamberson,

 

I really appreciate your reply. I was hoping there was a slim chance that Michael was incorrect.

 

I have uploaded a photo of the time restrictions for SYL sign here: http://tinypic.com/view.php?pic=2hd5q52&s=9

[AndyOrch]

Uploads in post #1 unapproved as requested.

 

Andy

[Michael Browne]

The sign is definitely in your favour in that it doesn't convey clearly what the restriction is.

 

Against that is that presumably you live here, previously held a resident's permit (as per photo) and therefore can't really claim you were completely unaware of the 1-3pm restriction.

 

It's a toss up whether an adjudicator would agree.

[Abby1415]

The sign is definitely in your favour in that it doesn't convey clearly what the restriction is.

 

Against that is that presumably you live here, previously held a resident's permit (as per photo) and therefore can't really claim you were completely unaware of the 1-3pm restriction.

 

It's a toss up whether an adjudicator would agree.

 

Thanks Micheal. I think I may be onto a losing battle but will give it a try and making an informal appeal, as I won't affected the discounted rate being offered by the council.

 

Will let you know how I get on.

[Jamberson]

Again I will agree with Michael. I think technically it's a faulty sign, but whether it's faulty enough to get a judgement I wouldn't like to say. I'd probably bale out if the informal appeal is rejected, and pay the discount.