Author Topic: PCN challenge failed Newham council parked on single yellow line on sunday (contravention 01) event day no advert  (Read 272 times)

0 Members and 4 Guests are viewing this topic.

But it does not "seem to apply here"! The T-bar at the end of the double yellow lines is where the restriction written on the sign ends. The fact that there is something ridiculous written on the sign does not overrule the meaning of the T-bar.

No need to complicate this. Single yellows in a CPZ are controlled by zone entry signs, unless they have their own timeplate.

Here there is one very near the line that is more than enough to mislead.

One case from a few years ago but I expect it's pretty much the same.

-------------

Case reference   2160040109
Appellant   xxxxxx
Authority   London Borough of Newham
VRM   EY64MVS
   
PCN Details
PCN   PN12696465
Contravention date   24 Sep 2015
Contravention time   20:44:00
Contravention location   Tennyson Road
Penalty amount   GBP 130.00
Contravention   Parked in a restricted street
   
Referral date   -
   
Decision Date   01 Mar 2016
Adjudicator   Gerald Styles
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   I heard from the appellant when he attended on 1 March.
Although there are special arrangements in relation to the event days in the locality the appellant was entitled when parking to rely on the yellow plate posted probably some 5 yards away from where his car was at the time of ticketing on single yellow line.
I have looked closely at Google Streetview with him and studied his photographs and his case is a strong one. I have thought perhaps that the patrolling officer inadvertently missed seeing the sign which encouraged the appellant to park where recorded.
I have allowed the appeal on the basis that the appellant quite reasonably concluded that the yellow line where he was parked was governed by the nearby yellow plate which simply stated 7am-7pm. When ticketed it was after 7pm and although it was a match day the yellow signage as photographed by the appellant did notify parking was permissible when the appellant parked outside the white door of 2B.
It has always been the case that in regulated zones nearby yellow plates override the zone hours. These yellow plates may indicate greater or lesser restrictions than that the zone ones, effectively they take precedence.
For these reasons the Council evidence has not persuaded me any contravention occurred.
I have thus recorded the appeal as allowed.