Besides the standard details for payment and the option to challenge after waiting for a Notice to Keeper, the letter I received states the following:
Thank you for your enquiry concerning the Penalty Charge Notice detailed above. I have given careful consideration to the circumstances you have described but regret that there are not sufficient grounds for the notice to be withdrawn.
The Penalty Charge Notice was issued for the following contravention - Parked in a restricted street during prescribed hours , as your vehicle was observed parked where double yellow lines were present when waiting restrictions were in force. These restrictions were clearly shown in accordance with the Road Traffic legislation.
With regards to your comments concerning the condition of the yellow lines, although there are a couple of small gaps in the yellow lines due to utility works, etc, it is quite clear that a yellow line is in place and therefore as the motorist it remains your responsibility to ensure that signage is located and checked so that you are aware of the times in which the waiting restrictions apply at that particular area.
I have noted your comments in relation to other vehicles parked at this location and can confirm that your vehicle was not the only one to receive a Penalty Charge Notice around that time. Unfortunately due to the Data Protection Act we are unable to discuss other peoples' information.
In regards to your comments that you were previously advised by a Civil Enforcement Officer that you could park at this location. However, whilst I appreciate the circumstances that you have described I regret that I unable to investigate this matter as the identity number of the Civil Enforcement Officer, which is unique for every Officer has not been provided.
There is no mention of other material I included in my appeal including
(1) previous PCNs issued to cars parked in this parking bay have been overturned;
(2) no consideration to the lines not meeting traffic signs manual guidance or whether the alleged contravention was the roadside or kerbside line
(3) no recognition that the bay was created specifically for resident parking around 2012 (after intervention by the local MP to reverse an earlier decision to remove the bay in favour of a widened pavement, thus intentionally creating additional parking spaces). Photos from that time show that the kerbside yellow lines were partially but not fully removed or obscured and the work was never returned to be completed. Over passage of time the kerbside lines have become more prominent and the TRO dated 2014 has never been updated to reflect the renewed parking bay so still refers to the bay as restricted parking, ignoring the work started but not completed in 2012. The section of the bay where there is a stretch of double yellow the length of about four cars is used daily by local residents for parking, being continuous with a parking bay running for the length of rest of the road.
I'm guessing the next step is to ask the Council to explain why they created the bay in 2012 and started, but never finished, removing the yellow lines or updating the TRO...
