Parking pcn Enfield

Good day!

https://drive.google.com/file/d/13Vky80CroYy93HNCScPlZrWz8c3Asi8F/view?usp=sharing

I received this pcn but wasn't aware there would be a problem here. Other cars park here and there are no signs. The road marking are worn and thought they did not apply. Its a raised area but really people have been parking here for years. ANy thoughts?

Think this is a contravention for footway parking.

But the double yellow line shouldn't be there - should be around the kerb by the carriageway.

The status of that paved area is the key.

Please read this and update your thread as necessary. A GSV link to the location is always useful as well.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

https://maps.app.goo.gl/uggGYKtYrujaLkin6

OK, so having had a look on your GSV link, and also at earlier views, and seeing no cars parked off-the carriageway on there, please tell us where you were parked, giving the exact GSV view plus description.

I don't think the pcn can stick as double yellows are not painted on the footpath only on the carriageway. Think you may have a lucky escape with this. Advice for all motorists, if you don't want a pcn take absolutely no risks, park where the situation is clear.

I parked my car adjacent to double yellow lines as can be seen in the CEO's photos.

The Traffic Signs etc. Regulations and the Highway Code prescribe and describe where DYL must be placed, in this case: [On a road] 'Along the edge of the carriageway'.

As the contravention grounds in this case are predicated on my vehicle being parked in a road 'other than on a carriageway' the authority have a problem and one which should not be visited on motorists.

Either the location is or is not a carriageway.

If not, then the traffic authority is wrong for causing DYL to be placed there contrary to law. But if it is then the contravention could and did not occur because I was parked on a carriageway.

In either case, I hope authority will take the prudent course and cancel the PCN. What messages you might care to send to officers in the traffic authority I leave to you.

try this. it should be the exact spot and there is a white car parked there if you go to sat view. cheers

Looking at this view rather than the CEO shots does lean in the direction of it being a road rather than a footway feature as there are no obvious crossing points to it.

The counterfactual is what if a code 01 had been given.

The only place they can put DYL that can then be legally enforceable is at the edge of a carriageway these follow round from what is obviously a road so must be just that so parked in a place other than on a carriageway cannot stand

you might as well accept that an 01 parked in a restricted street when prohibited would apply that is not what you are charged with so the CEO reason to believe is flawed

interesting, that paved area did not exist a few years ago and the tarmac carriageway and kerb edging were where the DYLs are placed. so I would suggest that the paved area (although very misleading) is still part of the carriageway.

The bottom line surely is that the council, by their own actions in placing the DYLs where they always have been placed, have essentially declared that the paved area is carriageway. I don't see how they can escape this.

Precisely.

End of IMO.

Precisely.

End of IMO.

+1

Not sure what IMO and DYL are but what should i do?