3. City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident parki
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City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident parki
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I am staying at a friend's house in the centre of Edinburgh and have use of his car. The car has a residents' permit for the surrounding zone.

On the street in question, there is a long residents' parking bay designed for cars to park diagonally rather than parallel to the kerb. Parking spaces can be difficult to find, so I squeezed into a spot at the end of the bay in question. As can be seen from the pictures, the front of the car ended up slightly outside the dotted line, encroaching into a single yellow line area. The yellow line area in question is a "keep clear" area as that's where the communal bins are placed.

Pictures here: https://drive.google.com/drive/folders/1UudCpmhXuUsqCuEOQZ2O81V7TQCdRCFI?usp=share_link

To clarify, the back end of the car was very much within the dotted line, but the car's position was askew such that the front of it was outside the lines as seen.

The GSV location for where the car was parked was approximately here, just to the left of the black bin and roughly where the Vauxhall is (although obviously slightly more to the right): https://maps.app.goo.gl/z4t38kY7ZkHMwu3R6

And a photo of the PCN: https://drive.google.com/file/d/1-FU7hg-PImC2RP9sm6BFbNhjSTRsuEAa/view?usp=share_link

It's an annoying one because the encroachment would appear to be of zero practical consequence given the position of the bins. In hindsight, my mistake was that I could have probably parked the front of the car closer to the car to the left (not seen in the photo), but this would have left very little space between them so I decided to leave a gap (assuming that nothing would come of it).

I realise that there are generally very limited grounds for appealing PCNs. Is it even worth pursuing the "no offence was committed" route and try to argue that the encroachment was so minimal as to not warrant punishment? Or just swallow the fine?

Many thanks.
« Last Edit: October 25, 2023, 09:24:13 am by Demio323 »
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Re: City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident p
« Reply #1 on: »
I think your suggestion of de minimis is a non-starter, because your car is well over the area governed by the yellow line.  No harm in submitting representations, but make sure they are received by the council within the discount period. You may well have to suck this one up, I'm afraid. Scottish law is based on the original 1991 Act, not the Traffic Management Act 2004.
Please post a GSB link to the location, telling us exactly where you parked.
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Re: City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident p
« Reply #2 on: »
Quote from: Incandescent on October 25, 2023, 09:13:48 am

Please post a GSB link to the location, telling us exactly where you parked.

Do you mean the Google Street View? The link I posted above (https://maps.app.goo.gl/z4t38kY7ZkHMwu3R6) is the location in question (I've put in a new link above to make the location slightly more accurate). Maps location here: https://maps.app.goo.gl/UVwn1iPzyRkz6zaR6
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Re: City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident p
« Reply #3 on: »
The PCN says a penalty charge of £ 00 is payable within 28 days, which doesn't seem so bad?

On a more serious note please post the back of the PCN so we can check for further issues.

I will also get hold of the relevant map tiles.
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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
Re: City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident p
« Reply #4 on: »
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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
Re: City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident p
« Reply #5 on: »
Gosh, just realised I forgot to update this thread. My apologies.

I sent an "appeal" that was essentially a request for clemency, and they luckily ended up cancelling the ticket. For the record, appeal and reply below:

Quote
I received this PCN for parking on a single yellow line during restricted hours. It may not be clear from the photos, but the vehicle was parked in a diagonal bay for resident parking. The vehicle involved did (and does) have a permit for the zone in question. I wish to state for the record that I accept that a part of the vehicle (the right-hand tyre and part of the engine bay) was encroaching over the single yellow line. This is a result of my having parked the car slightly askew in order to leave space between it and the adjacent car (the back of the car was well within the dotted lines demarcating the parking bay area). Here is a Google Street View link to the approximate location the car was parked: https://maps.app.goo.gl/ViosBw4htabh2frU7 My car was positioned similarly to the dark blue Citroen but slightly closer to the bin. The bin is placed closer to the road than to the kerb. I would argue that the car's position, while technically partly positioned on a yellow line, caused negligible obstruction with respect to the yellow line's purpose (to keep the area in question clear for the placing of communal recycling bins). In light of the above, I am respectfully asking whether you would reconsider the issuing of this ticket. Best regards, Demio323

And their reply:

Quote
Thank you for your correspondence received on 04/11/2023.
We have cancelled the parking ticket.
This parking ticket was issued because the vehicle was parked on a single yellow line.
Parking is not allowed on single yellow lines during restricted hours. The Parking Attendant
observed the vehicle for five minutes and the driver did not return during this time.
Even if only part of the vehicle is parked on a single yellow line a ticket can be issued. We have
cancelled the ticket as a courtesy on this occasion but please note that future tickets issued
under similar circumstances may not get cancelled.
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Re: City of Edinburgh, code 01 parked in a restricted street, light encroachment on single yellow line (from resident p
« Reply #6 on: »
You've done well, so Well Done !! We only rarely see councils give way on receipt of informal challenges.
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