Free Traffic Legal Advice

Hello,

I have been parking outside this old derelict building for a few months now mainly more in front of it without any issues, there is an old private land parking notice sign (further down from where I was parked when this pcn was issued) but no council signage to be seen anywhere. This was one a night club that shut down before the covid pandemic.

To my knowledge this part where I was parked looks like a loading bay/area of the old building and not the highway.

I returned to my car after being there all day at 5:25pm to a pcn on the window, all the other vehicles where there all day also but nothing on their vehicles.

Here’s a link to the location to clearly see it in street view a loading bridge can been seen that links to this area.

https://maps.app.goo.gl/eZCV9cVw9B8Ajjbz8?g_st=ic

Personally i think the warden is trying his luck here, what’s your opinion on this PCN and recommendation on the challenge?

Many thanks

I even checked there the next day when I was passing at 5:30pm to see if they’re starting to continuously pcn vehicles but nothing.

There is the train station a short walk away so a lot of people use this spot for skipping the £6.20+ a day fare at the near by ABCouncil parking lots.

They are actually double-yellow lines, so apply 24x7, and the cars seem to be parked on the driveway leading into the building and blocking the driveway. DYLs cover the whole road including footways and verges not just the carriageway. A driveway crossing a footway is also included. It seems to me that the OP is bang-to-rights, but could submit reps on the basis of legitimate expectation.

@Incandescent

Quote

They are actually double-yellow lines,

May I respectfully disagree?
See
https://www.ftla.uk/index.php?action=dlattach;topic=972.0;attach=3362;image
and
https://maps.app.goo.gl/rwDxkRjbZ4fe12CN8

both show SYL.

Sorry, yes, you're right. However, further along I did see what looked like a faded second line.
And here is the restrictions sign.
https://maps.app.goo.gl/3ZbnDMofkBoCYFQG6

I suspect the OP, like so many before him, was not aware that yellow lines cover the whole road from its centre line to the property line and include verges and footways, and also driveways that pass over them, not just the carriageway.

This image shows why the PCN was issued:



Clearly the CEO took the view that whatever the status of the land further back might be, the front of your car was parked on the highway (the pavement and any vehicle crossovers are still part of the highway).

One obvious ground is that the timings on the PCN are all wrong, time periods run from the date of the contravention and not the date of service of the PCN. Please post up the back of the PCN, as that may reveal further issues.

For the avoidance of doubt, you should proceed on the basis that they won't make the same mistake as last time.

@Incandescent

Quote

They are actually double-yellow lines,

May I respectfully disagree?
See
https://www.ftla.uk/index.php?action=dlattach;topic=972.0;attach=3362;image
and
https://maps.app.goo.gl/rwDxkRjbZ4fe12CN8

both show SYL.

Agreed SYL in this section.

Here is a draft representation:


I will PM you a link to put in the representation, it will redirect to here but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.