Free Traffic Legal Advice

Dear Sir or Madam,

Re: PCN IY01965421
Vehicle Registration: LN13PCZ

I challenge this Penalty Charge Notice on the grounds that the alleged contravention did not occur.

The restriction at the location was not adequately conveyed because the single yellow line was in an extremely poor state of repair and had deteriorated to the point where it was barely visible. In the area where my vehicle was parked, there is effectively no visible yellow line behind the vehicle and only a small remaining section in front. The condition of the road marking is evident from both the Civil Enforcement Officer's photographs and the photographs I took immediately after the PCN was issued.

The purpose of traffic signs and road markings is to adequately convey restrictions to motorists. In this case, the carriageway marking had deteriorated to such an extent that it failed to clearly indicate the presence of a single yellow line restriction.

Having reviewed historical Google Street View imagery, it appears that an upright timeplate previously existed much closer to the location where my vehicle was parked. However, my photographs show that this sign was no longer present on the date of the alleged contravention. The remaining timeplate relied upon by the council is located further along the road.

In circumstances where the single yellow line itself had almost entirely worn away, the absence of the nearest timeplate materially reduced the clarity of the restriction. The combination of a severely faded road marking and the removal of the nearby sign meant that the restriction was not adequately conveyed to motorists.

I have also obtained historical imagery showing that the yellow line had been in a poor and deteriorating condition for a considerable period before the date of the alleged contravention. This suggests that the condition of the marking was not a recent occurrence but had existed for some time.

In addition, an independent resident left a handwritten note on my vehicle stating:

"Dear Owner, I'm a resident on this road. Please appeal + take a photo of the yellow line. It needs repainting! Good Luck!"

While I appreciate that this note is not determinative, it is nevertheless notable that a local resident independently considered the road marking to be in need of repainting and sufficiently defective to warrant an appeal.

For the reasons set out above, I submit that the restriction was not adequately conveyed and therefore the alleged contravention did not occur. I respectfully request that the Penalty Charge Notice be cancelled.

Should the council not agree to cancel the PCN, please provide copies of any records relating to the inspection, maintenance, repair or replacement of the single yellow line and associated signage at this location during the 24 months preceding the date of the alleged contravention.

I look forward to your confirmation that the PCN has been cancelled.

Yours faithfully,