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Hi All,

I've been stung for parking on a yellow line after moving the car to permit access for the Council leaf clearance team. No mercy from Richmond though - presumably I have next to no chance of contesting this on appeal?

Contravention
01 - Parked in a restricted street during prescribed hours

Photos from PCN
https://ibb.co/8D8ZpXJ
https://ibb.co/G24mJ5W
https://ibb.co/Gvnb2QS
https://ibb.co/7kyvs5w
https://ibb.co/Cs3m0Tq
https://ibb.co/KhX3qkL
https://ibb.co/6stMhYt
https://ibb.co/RyyZ06k
https://ibb.co/M9NMcZd


My informal challenge

The Local Authority website states "Single yellow lines operate for the hours shown on signs by the line, or for the hours of the Controlled Parking Zone (CPZ) which they are in." There are no related signs by the line as my photographic evidence shows, noting the empty signpost, and my Zone C residents permit was displayed. The yellow line where the car was parked is also not visible having been worn out over time, as my evidence demonstrates. In addition, please note that the car was parked in this position temporarily to facilitate access for the Local Authority Leaf Clearance team, who cleared Cole Park Road of leaves on the morning in question (please check the Local Authority records). Your understanding in considering this appeal is appreciated.

-- Context
The signpost which previously contained a sign specifying the controlled yellow-line times has been an empty signpost for some time - see https://ibb.co/FhKWyBc

GSV shows the previous time plate before it was removed, possibly knocked off by a vehicle: https://ibb.co/YBnRVT8
The Council have not replaced it.


Council response to informal challenge

Contravention
RT36798875
22/06/2023 at 11:41
COLE PARK RD TWICK (CPZ C)
01 - Parked in a restricted street during prescribed hours
Result of Investigation for Penalty Charge RT36798875

Thank you for your recent communication regarding the above-mentioned PCN.

The PCN was issued as your vehicle was parked in a restricted street during prescribed hours. The yellow line is in operation during the Controlled Parking Zone (CPZ) hours of Monday to Friday 8.30am to 6.30pm.

Your challenge is that there were no signs informing motorists of the restrictions and you displayed a Zone C permit in your vehicle at the material time. You also say that the yellow line was not visible and worn out.

There are signs displayed on the entry roads to all CPZs (see below) giving the hours during which the controls and yellow line restrictions are operational. Some yellow line restrictions within a CPZ operate for longer than the controlled hours. If this is the case, as in this instance, there will be additional signs on the kerb or pavement alongside the line detailing the supplementary restrictions. There is no time plate at this location because the yellow line is operational during the CPZ hours. Your permit does not allow you to park on a single yellow line during the hours of enforcement.

Additionally, while I acknowledge that the yellow line is slightly faded in places, having reviewed the photographic evidence, I am satisfied that it is present and can be seen by motorists.

It is the responsibility of the motorist to always check the signs and road markings carefully before leaving their vehicle unattended to ensure they have parked legally.

Having reviewed the matter, I find that the contravention occurred and that the PCN was correctly issued. Regrettably I cannot cancel this PCN.

https://ibb.co/1f578bk
https://ibb.co/r2vKPjf

You may now choose one of the following two options, either
1. Pay the discounted amount of £55.00 by 21/08/2023 after which the full current
charge of £110.00 will become payable.
If you choose to pay the case will be closed. No further correspondence
will be considered and the following option will not apply.

Or

2. Wait for the issue of a Notice to Owner. This will be sent to the DVLA registered keeper (owner) and will be for the full penalty charge.

A person on whom a Notice to Owner is served will be entitled to make formal representations to us against the penalty charge and may appeal to an adjudicator if those representations are rejected.

The formal representations must be made in the form and manner and within the time specified in the Notice to Owner. It is not possible to appeal to an adjudicator without first making formal representations to us.

Formal representations must include any supporting or additional evidence against the issue of the notice and may only be made by the registered keeper of the vehicle or their authorised representative.

No further correspondence will be considered prior to the issue of the Notice to Owner.

If full payment is not made or further representations are not received within the stated period, recovery procedures will continue and the charge due may increase.

Yours sincerely,

Parking Correspondence and Compliance Officer

Thanks

Key details
VRM is LL19 XHX.

GSV link: https://goo.gl/maps/gisu2gLSZetzV8Pn7

Note the GSV scene is 3 years old, the nameplate has been missing from the signpost for 18 months or so - https://ibb.co/FhKWyBc

Correspondence
PCN is here:
https://ibb.co/7VwnHft
https://ibb.co/bsjLr54

The Council's response to my informal challenge is here: https://ibb.co/HpCGcLG


Please let me know if I've missed anything.

Hi, I've put together a custom map showing all the CPZ boundary signs; unfortunately the Council have covered all possible routes to reach the PCN location from outside Zone C:

https://www.google.com/maps/d/u/0/edit?mid=18N8JdPmTuLQbkBGpZeFgr1Jpl432AGw&usp=sharing

Based on GSV these signs are in good order and visible unfortunately.

Re. the Order, Cole Park Road intersects with London Road twice, once north of the A316 and once south of the A316. I believe clauses (a) and (b) cover the south side of Cole Park Road up to the A316 and therefore cover the PCN location, unfortunately.

Yes, I am the registered keeper and have the V5C.

Thank you.

Thanks, I either entered Zone C via Whitton Road or Cole Park Road.

I returned to Whitton Road and found visibility of the boundary sign on approach is obscured by branches of a tree. This is shown in the photos below.

https://ibb.co/PmSnfFN
https://ibb.co/WV1hVfw


I returned to the north end of Cole Park Road (south of the A316) and found visibility of the boundary sign is slightly obscured by moss. This is shown in the photo below.

https://ibb.co/1RXQRMr


Please let me know what you think of these photos; in the meantime I'll try and recall which out of the two my entry point was..

Thanks,

I don't think a challenge to the adequacy of the signage is going to prevail.

However, an argument worth pursuing is that the signs should not be there in the first place, because The The London Borough of Richmond upon Thames (Waiting and Loading Restriction) (Civil Enforcement Area) (Consolidation No. 8) Order 2008 as amended by The London Borough of Richmond upon Thames (Waiting and Loading) (Civil Enforcement Area) (Amendment No. 104) Order 2014 does not create any controlled parking zones.

This is a somewhat novel argument but it has succeeded before, see Josephine Dayan v London Borough of Barnet (2220227611, 18 May 2022).

@mrmustard might have more examples.

If you want to carry on, one of us will be happy to represent you.

Thanks both,

Is it me or is does this paragraph from the "Result of Investigation for Penalty Charge" contradict itself?

There are signs displayed on the entry roads to all CPZs (see below) giving the hours during which the controls and yellow line restrictions are operational. Some yellow line restrictions within a CPZ operate for longer than the controlled hours. If this is the case, as in this instance, there will be additional signs on the kerb or pavement alongside the line detailing the supplementary restrictions. There is no time plate at this location because the yellow line is operational during the CPZ hours. Your permit does not allow you to park on a single yellow line during the hours of enforcement.

Firstly she states the yellow line restriction in this instance operates for longer than the CPZ hours.

Then she states there is no timeplate at this location because the yellow line is operational during the CPZ hours.

Well, which is it? Either the yellow line restriction that I parked on operates for longer than CPZ hours (so there should be a timeplate), or it doesn't, in which case there does not need to be a timeplate.

Basically, I think the missing time plate issue rattled them slightly (perhaps highlighted their negligence in not replacing it) and they have fallen back onto the boundary signs as their trench position.

Thank you, in which case I accept Mr Mustard's kind offer to represent.

I will await the Notice to Owner.

Hello cutmle

Please email the scanned Notice to owner to mrmustard@zoho.com as I can't seen to print the uploaded image out properly.

Thanks