Free Traffic Legal Advice

Hi All,

I've received a PCN for parking on a single yellow line where the specific parking restriction is shown in the photo attached.

My reading of the sign is that buses or vehicles over 5 tonnes are restricted from parking on the yellow line during the hours specified and that this restriction doesn't apply to cars.

Have I read this sign correctly?



Image link below:
https://ibb.co/jJV9Rj2

I parked on a single yellow line on Silver Street in Enfield during the day time.

Google maps location:
https://maps.app.goo.gl/BHFcPFMiio1M8rZo6

My understanding of the parking restriction sign is that it applies to buses and vehicles over 5 tonnes (therefore not cars). I received the PCN and rather than paying the PCN I appealed it.

I have now received a letter from them stating that they don't accept my appeal (see link):

https://drive.google.com/file/d/1k7DfUkNifrLCeOwR8mrkKHm0x3SsEWCK/view?usp=sharing

The supporting evidence from the parking attendant is in the photos below:

https://drive.google.com/file/d/1s-l3dBwhekPlVBiceNqAykqWX3pmjvnH/view?usp=drive_link

https://drive.google.com/file/d/1XP1eUsWxp-OiTQ-hEqmAeOnhQphubNw_/view?usp=sharing

https://drive.google.com/file/d/14A3QFnA2WiPtNrv5ZjJmrw7yLewsXyQf/view?usp=drive_link

https://drive.google.com/file/d/15QMhXZDsqyNCYNTEBvphF47nYHyt4rAw/view?usp=drive_link

https://drive.google.com/file/d/1cw0UbaFiXbVpFB8YRE-4vMbAtOn5bWNY/view?usp=drive_link

https://drive.google.com/file/d/1qvSLV3Q-pwtaG5JXElHIOqRVHog_7tjI/view?usp=drive_link

https://drive.google.com/file/d/1pEku8gtGm3C0Ny6esWZNxIg7bT2VbD2C/view?usp=drive_link

Thanks, that makes sense now.

My only complaint to Enfield council is that the signage is misleading because it should also should repeat the restriction of the overall parking zone restriction in place as well as the lorry ban.

I assume there's little point appealing on the grounds that while they are correct, the signage is misleading?

It's actually p197:



Problem is this a recommendation not mandatory but drawing an adjudicator's attention to it might work - this case didn't do that.

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2220623404

Contravention date   30 Apr 2022
Contravention time   13:54:00
Contravention location   Silver Street

The allegation in this case is that the vehicle was parked in a restricted street during prescribed hours. Mr. Saunderson disputes this on the basis there was a time plate which indicated restrictions different to the controlled parking zone restrictions. He has provided information issued by other Enforcement Authorities. However, the time plate he has provided a photograph of is one which indicates the overnight lorry ban. This does not have any application to a single yellow line.
The single yellow line simply indicates ‘No waiting during restricted hours’. As the Highway Code makes clear there are 2 ways of signing the restricted hours for a single yellow line, by an adjacent time plate or by controlled parking zone. Where there is an adjacent time plate this takes precedence. Where there is no adjacent time plate it is likely the location is within a controlled parking zone. In a controlled parking zone the restricted hours are indicated by signs at each vehicular entry point. There is no legal requirement for time plates adjacent to a single yellow line within a controlled parking zone. Indeed the whole purpose of a controlled parking zone is to avoid the expense and clutter involved in a profusion of signs.
The Enforcement Authority rely on this location being within a controlled parking zone for which the restricted hours are Monday-Saturday 8am-6.30pm. This PCN was issued at 1.54pm on a Saturday.
Mr. Saunderson has not provided any evidence of a time plate which did actually vary the restricted hours from the controlled parking zone restrictions. I am satisfied that the controlled parking zone restrictions applied.
Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.