Free Traffic Legal Advice

YD 17344511A  WJ13FMO

A family member has received a PCN





 on 4/5/2024 while parking to go to work
at this location  https://maps.app.goo.gl/GgMNKzpec8gnd1k58

they normally park in  this area but unfortunately fell foul of this
code 26, " Parked in a special enforcement area more than 50cm from the edge of the carriageway and not within a designated parking place.

i have lived in this area for over 50 years and have never heard about this "Special enforcement area" but on further investigation have found two signs which are at the two main entrances to this area , here
https://maps.app.goo.gl/4SRNu6kSwUgg9yYs9

and here
https://maps.app.goo.gl/SxHrNzoT6RU3gBX6A

But there is another way into this so called "enforcement area" here


https://maps.app.goo.gl/be33h3Zmc2yMRBDj9

we live on the side of town were you would use the entrance into Rundle Road and as you can see there are no signs informing you of the enforcement area,
also on the PCN the location specifies that the car was parked in Seymour Road  which is wrong they were parked in Rundle Road.

Also at the location in question there is a deep gulley were you have to be careful not to get your wheel in or you can bottom out your car quite easily, these images don't do it justice.




so therefore where is the actual edge of the road, now admittedly they could of got a bit closer than they did, but having been stuck in this gulley before they have possibly been more careful and kept out a bit too much.

So therefore my question is do we have a case to appeal,

1. on lack of signage.

2. wrong location.
 
3. cant determine where the edge of the road is.
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GSV suggests that the vehicle was (only just) in Seymour Road?

https://tinyurl.com/42krm8um

GSV suggests that the vehicle was (only just) in Seymour Road?

https://tinyurl.com/42krm8um

Thank you for your reply barouder, would wrong location be a defense, because if you travel further up the hill there is a property
on the left with the address 9 Rundle Rd, then you also come to the white line junction with Seymour Rd which goes left to right.

If the location on the PCN is wrong it would kill the penalty dead. The council will have a mapping system so include in your challenge that you believe you were parked inside the boundary of Rundle Road and not in Seymour Road and again, if they disagree require them to provide evidence from their mapping system that the location falls under Seymour Road.

When you challenge make sure you upload any photos that support your challenge such as ones that show the hidden gulley and worn edge of carriageway and a ruler on the carriageway illustarting what 50cm from the edge looks like compared to where your rear wheel was.

If Rundle and Seymour are entered separately into GSV neither gets highlighted.

The road markings aren't definitive sadly - have similar examples in my area.

However, Postcode Finder does list the various flats in Somerset Lodge under Rundle, not Seymour.

I'd cut and paste from this official record to support or lead the argument because the council's likely to argue the toss regarding GSV alone.

can i appeal with multiple points, such as wrong location and also measurement from wrong starting point. ie ( edge of road ).

Yes you can submit as many arguments as you want.

I would recommend you send what I drafted and we wait and see what they come back with.