Free Traffic Legal Advice

Hi,

I recently got a PCN from the council for parking on the grass verge where the road had double yellow lines. As you can see the car is parked on the verge but the pavement is clear for pedestrians to walk on. I was given a ticket for "01 Parked in a restructured street during prescribed hours".

Please advise on how/if I can appeal this.

images of ticket and road: https://imgur.com/a/92XpBTZ

thanks

My comments cut and pasted and edited, from Pepipoo

I suppose you thought that by parking on the verge the yellow lines didn't apply, but they do, unfortunately

Double yellow lines apply 24x7 and require no signs. They apply to the side of the road where they are painted, and cover that half of the carriageway, plus footways and verges up to the property line.

However there are two exemptions for DYLs, loading/unloading and boarding/aiighting passengers. If you were engaged in either of these you can submit reps, but it's up to you to show it was necessary to park on DYLs.

Sometimes, where the car is parked in the same place regularly but in contravention of a parking restriction, and no PCNs are issued for months, (or even years sometimes),  an appeal at the adjudicators of "legitimate expectation" can sometimes succeed. Needless to say, if you win on this one, you can't win again at the same place using this argument

Finally, if the DYLs are not in accordance with the traffic order, or the PCN contains fatal errors, an appeal can succeed on these too.

Well you were parked in clear contravention of what allegedly is a waiting restriction, the waiting restriction extends from the centre of the road to the physical boundary of the road, and the road includes verged, pavements and so on. I say allegedly because the extent of the waiting restriction is defined by the traffic order, not by the road markings.

I have requested the traffic order but you could make a plea for discretion to buy us some time, the council will likely extend the discount if it rejects your representations.