Author Topic: Northumberland - Code 01 Parking in Restricted Area during prescribed hours - double yellows  (Read 341 times)

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Hello

I received the attached Penalty Charge Notice.

The location is https://maps.app.goo.gl/hcMFUDavKHhRogoE6

It's the verge off Hartford Bank, going uphill from the Plessey Woods Country Park sign.

There was so much leaf fall on the road that the double yellow lines were hidden when arriving from the north downhill.  I have never been there before so wasn't aware of the road or restrictions.  It appeared to me when I arrived from uphill direction that it was a single yellow line.  When I parked, I looked for a metal sign but there was none.  If the double yellows had not been hidden by leaf fall, it would have been clear to me not to park.  As the verge appears as a layby and is next to the Plessey Woods Country Park sign, I believed it was a legitimate place to park.  There were other cars parked there.  The civil enforcement officer's photos are below.  They show the road and are open to your interpretation whether they show double yellows or leaf fall hiding one yellow line.  Let me know your honest opinion, please.

Thank you for any advice.

PCN


Evidence photo 1


Evidence photo 2


Evidence photo 3


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Sorry to tell you, but when I look at those photos I see one clear yellow line and one that is partly obscured by leaves. If you thought it was a single yellow, but found no sign giving the times why did you continue to park there ? It would only have taken a moment to partly clear some leaves and see the second line, but you didn't. Lines obscured by leaves has been seen quite a few times on this and the Pepipoo forums and outcomes are usually fairly uncertain. See what the others say, but so far I see nothing to challenge on the contravention itself. The PCN may contain fatal errors that can make it void, so please post all sides, including the "small print".

I've requested the traffic order, but in the meantime please post the back of the PCN.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order