Free Traffic Legal Advice

I received a PCN on 28/06 (Friday) for parking in a single yellow line during restricted hours.

I have attached a photo of the location of the PCN on google maps (https://maps.app.goo.gl/PesfwLY4B5DAknty9). As can be seen from the image, the road has 2 different parking bays separated by a short single yellow line. The parking restrictions on the 2 bays are different from each other - on Fridays one of them is from 9am to 5:30pm and the other is from 8am to 6:30pm.

I had parked over the yellow line, with one wheel in each parking bay as can be seen from the photo on the PCN. Unfortunately I did not realise that there was a yellow line at all, so I paid for the parking as if I had parked in a bay (photo also attached). What is not visible in the PCN photos but can be inferred from the location of the car across single yellow line is that the sign for the parking restriction from 9am to 5:30pm was right next to the bonnet of the car, whereas the sign for the restriction from 8am to 6:30pm was further back.

The PCN was served at 8:40am, which is the restriction for the yellow line as per the council. The sign for this restriction is to the right of the yellow line. However if we take the parking sign to the left of the yellow line, the restriction should only start from 9am. This sign is also much closer to the yellow line compared to the other parking sign which has the restrictions starting from 8am.

I challenged the PCN based on the fact that the parking sign next to the car should have been applicable and that the PCN was issued incorrectly due to the fact that it was issued before the parking restrictions started from 9am as per that sign. However, this was turned down by the council. In my challenge I also mentioned paying for parking from 9 to 9:15am (owing from the fact that I did not see the the yellow line at all) - on second thoughts I don't think this is relevant and probably confused the council as can be seen from their reply.

However given that the PCN was served at 8:40 am, I hope that I have still have a strong case. I have attached both my challenge and the council's reply.

I find this PCN extremely unfair as firstly the yellow line is extremely short and is easy to miss. And when we look at the yellow line, it is not clear which of the 2 parking restrictions should apply. And depending on where the car is parked, one can very easily only see one of the parking restrictions (like me).

My current plan is to wait for the NTO and challenge it. However the time period for the reduced payment ends on 05.08, so I wanted to get some advice on whether that is a sensible plan and whether I have any chances of winning the challenge.

I would be grateful for any help and advice from this forum.

PCN: https://drive.google.com/file/d/1y8kz7_ibgcsN9Q9IhCTXmUOFsa_6ZHxl/view?usp=drive_link
PCN challenge: https://drive.google.com/file/d/1u5F-s_7v42IUCKUfE9IjL5KmyQHDOEnr/view?usp=drive_link
PCN challenge evidence 1: https://drive.google.com/file/d/1wGmRiFMmPoRowXvSyNDxw0_UOnOLSLKi/view?usp=drive_link
PCN challenge evidence 2: https://drive.google.com/file/d/1M0iRiwAxB8_TxgpFLqOd0rQpdEfMhz2e/view?usp=drive_link
Council reply:
https://drive.google.com/file/d/1y99NkS5NjpSUt9Hh4i_u0t6Qz0GzATmn/view?usp=drive_link
https://drive.google.com/file/d/1y0WYt5KyvW1YH0P1E8ZsVGVGdtqq_zfR/view?usp=drive_link
https://drive.google.com/file/d/1y-Qtnzs4vu7J8Lehbc_lptD1pcLkeyLq/view?usp=drive_link

Also re-confirming the location on google maps
https://maps.app.goo.gl/PesfwLY4B5DAknty9

Thanks for the quick reply.

I didn't even know that there are separate signs at the entrance of the road! I always thought that the yellow line restrictions were  determined by the restrictions on the adjacent parking bays.

Do you want me to post the pictures from the council?

Thanks for clarifying - definitely saved me some future tickets!

I have posted the pics below.

https://drive.google.com/file/d/1JnI1vIQDM89V-V2PYukVJb8Gi8idIH-j/view?usp=drive_link
https://drive.google.com/file/d/1H5FrQXRpov4PsNoZTBA3HMXc4L2aetCk/view?usp=drive_link
https://drive.google.com/file/d/1FNfcDOSPoleELKdyWTATrl4Px362XDqm/view?usp=drive_link
https://drive.google.com/file/d/1qM6yx-jYyYw1QnlmY2jJxB24EUb-hDbF/view?usp=drive_link
https://drive.google.com/file/d/1fIZeOLu_U-diocdsOP_WodosbaxO1WX8/view?usp=drive_link
https://drive.google.com/file/d/1R02MI4I3wp2ypa7Dz4C1o5yzIRo2ssqj/view?usp=drive_link

Please let me know what you think.

From this case below I recommend emailing My Mustard aka Mr Dishman who is Barnet's bête noire regarding your case plus scope for the CPZ map etc he won this case on.

mrmustard@zoho.com

2230112354

Decision Date 29 Mar 2023

Hodford Road
Parked restricted street during prescribed hours

Mr Dishman attended.
The allegation is that the vehicle was parked in a restricted street in a controlled parking zone.
Mr Dishman asserted that the diagrams provided by the local authority do not properly explain the extent of this particular controlled parking zone; the photographs of the signs provided by the local authority are out of date; and the local authority did not fulfil their duty by considering the appellant’s formal representations.
I am persuaded that the diagram evidence provided by the local authority is vague and uncertain.
Regulation 5(2) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 states, “Where representations are made under Regulation 4 and served it shall be the duty of the enforcement authority to consider the representations and serve the person making the representations with their decision within 56 days beginning with the date on which the representations were served.”
Mr Dishman had cited a case 2220227611 in his formal representations. The local authority replied that it had no bearing on the case. I am persuaded therefore that they had not considered the representations. It was relevant to the case, no binding but relevant and persuasive.
I will therefore allow the appeal.

I've re-visited the site and taken a few photographs of the single yellow line in questions

The 1st photo shows the length of the single yellow line
https://drive.google.com/file/d/1FmE9wdrzIgnyneI1sKPXAi0Spwg0JoIi/view?usp=drive_link

The next two show the parking bays on either side
https://drive.google.com/file/d/1V9LSI9WYq8MbTJyRYfj4gJJtMWOhRgG1/view?usp=drive_link
https://drive.google.com/file/d/1HgK1iGyjBztS77MfYtu0nGYk22Zvk86z/view?usp=drive_link

They look pretty faded on both sides - if someone was to park right over the yellow line like in my case, then it could be mistaken for one continuous parking bay.

I also emailed mrmustard - thank you for the tip.

I have decided to wait for the NTO and appeal - it just feels like the right thing to do. 

Well, missing this small and somewhat faded yellow line is the point as OP thought was in a pay bay and paid. It was only on getting the PCN that the contravention became clear, if I'm reading this right.

Thank you both for your help on this topic - really appreciate it!

It is indeed correct that I did not see the line (which I admit is my mistake) and paid for parking as per the board closest to the car. Having read the replies I will swallow my ego and pay the fine given the low probability of winning and the ability to pay the lower rate till tonight.


As a separate point, it has also helped me realise that I did not know the rules correctly which I suppose is the silver lining in this whole situation. I did want to check one more thing to ensure I fully understand the rules. The Barnet council on the website says the following regarding CPZs:
"Yellow lines prohibit waiting either:
- on the days and hours shown on nearby signs
- if there are no signs, on the days and hours shown on the large signs at the entry points to a CPZ
- at all times for double yellow lines"

In this instance given that there are 2 parking signs near the yellow lines on either side, do these signs not count as 'nearby signs' mentioned in bullet 1 above? And if it does, then how are drivers meant to understand which of the 2 signs is the correct restriction for the CPZ?

Thank you, that is very helpful and much clearer regarding a CPZ. Also thank you for the link, it will be good bedtime reading

And one last question on this - if I want to park on a yellow line where there is no yellow board, then is the only option to go back to the beginning of the road to look for the large sign at the entrance of the road for the CPZ?

To give an example from the local area, the adjoining road (The Ridgeway) has several yellow lines without any restriction signage (one location shown on google map link below). How would I know what the parking restriction for that line is?

https://www.google.co.uk/maps/place/Hodford+Rd,+London/@51.5707922,-0.1991731,3a,75y,27.11h,83.14t/data=!3m7!1e1!3m5!1sznjUEVG4UVuW_bKE-nAiSA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DznjUEVG4UVuW_bKE-nAiSA%26cb_client%3Dmaps_sv.share%26w%3D900%26h%3D600%26yaw%3D27.114677125094495%26pitch%3D6.855368438480127%26thumbfov%3D90!7i16384!8i8192!4m7!3m6!1s0x4876109ae1114399:0x6e271fa9ffb5456b!8m2!3d51.5690749!4d-0.198951!10e5!16s%2Fg%2F1tdx_cgs?coh=205410&entry=ttu