Hi
Got PCN was parked off double yellows picking up some food and appealed:
Contravention Code: 01 – 1 min obs
Dear Parking Enforcement Team,
I am writing to formally challenge the above-mentioned Penalty Charge Notice on the grounds that the alleged contravention did not occur, there is inadequate signage and procedural impropriety has taken place.
The PCN was issued under Contravention Code 01, which applies to vehicles parked on a single or double yellow line during restricted hours. However, my vehicle was not parked on any yellow lines. It was parked on a completely unmarked section of the road surface. While there are double yellow lines in the general vicinity, they are located approximately 8 feet away on an entirely different adjoining street from where my car was situated. A restriction bound to an adjacent road cannot be legally applied to a vehicle parked outside of its marked boundaries. Furthermore, the only local signage present is a peak-hour "No Loading" sign on a lamp post (valid Mon-Sat 7:30–9:30 AM and 4:00–6:00 PM), which had no legal authority at 8:00 PM when I parked.
I also note that the civil enforcement officer logged an observation time of only 1 minute. Even if a restriction had been present, this fails to meet the standard 5-minute observation period required to rule out permitted loading or unloading activities for passenger vehicles under Code 01.
Because my vehicle was not parked on any yellow lines and the contravention code applied is completely incorrect, this PCN has no legal basis. Please find attached photographic evidence showing the position of my vehicle relative to the edge of the adjacent street's lines.
I look forward to your confirmation that this PCN has been cancelled immediately.
Got this reply:
Thank you for your correspondence regarding the above Penalty Charge Notice (PCN).
In accordance with the Traffic Management Act 2004, your correspondence can at this stage only be
treated as an Informal Challenge.
The PCN was issued to the above vehicle for parking in a restricted street. After reviewing the images
and the notes taken by the Civil Enforcement Officer (CEO), I can confirm that the PCN was correctly
served. The double yellow lines at this location are clearly visible, indicating that waiting is prohibited
at all times (24 hours a day, 7 days a week).
I have carefully considered the points raised in your challenge. It is important to clarify that double
yellow line restrictions do not apply only to the marked carriageway immediately beneath the lines.
The restriction extends from the centre of the road across the highway, including any adjacent
footway, verge or other highway area, up to the highway boundary or building line. On this basis,
although your vehicle may not have been positioned directly on top of the yellow lines, it was still
parked within the extent of the waiting restriction.
I have also considered your comments regarding signage. Double yellow lines indicate that waiting is
prohibited at all times and do not require an accompanying time plate. Any nearby “No Loading” sign
relates to loading restrictions and does not override or remove the underlying waiting restriction
indicated by the double yellow lines. The fact that the loading restriction may not have been in force at
the time does not mean that parking or waiting was permitted.
With regard to the observation period, there is no statutory requirement for a Civil Enforcement Officer
to observe a vehicle for five minutes before issuing a PCN for this contravention. Observation may be
given in some circumstances to establish whether exempt activity, such as loading or unloading, is
taking place. However, in this case the officer’s notes and photographs do not show evidence of such
activity, and the vehicle was recorded as parked in contravention of the waiting restriction.
I have noted your reference to procedural impropriety. However, based on the evidence available, I
am not satisfied that there has been any procedural impropriety in the issue of this PCN. The
contravention code used is appropriate where a vehicle is parked in a restricted street, and the
evidence supports that the vehicle was parked within the area covered by the restriction.
For your reference, I have enclosed images captured by the Civil Enforcement Officer, which serve as
evidence that the alleged offence took place.
While I understand that this may not be the outcome you were seeking, I trust that I have adequately
explained the reasons for my decision not to cancel the above PCN.
The amount of £35.00 therefore remains outstanding and will be accepted if paid no later than 14 days
beginning with the date of this decision, after which the full charge of £70.00 will apply.
Options following this decision:
• Pay (Details below)
or
• Submit a Formal Representation (Details Below)
Formal Representation:
If you wish to challenge the Penalty Charge Notice (PCN) further, you should await the issue of a Notice
to Owner (NTO). The NTO will be sent to the registered keeper of the vehicle if the PCN remains unpaid
after 28 days from the date of service of the PCN. Once the NTO has been issued, the registered keeper
will have the opportunity to make formal representations in accordance with the statutory process.
Can I fight this based on the 1 minute or any other ground? Please advise.
Thank you
