Author Topic: Slough - PCN Contravention 01 - Broken single yellow line  (Read 1599 times)

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Slough - PCN Contravention 01 - Broken single yellow line
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I have parked my car on and off (for few hours) in this spot for 2 years now. Today, I see a PCN on my car from Slough Council for Contravention 01 (parking my car in a restricted zone).

I know some of the CEOs of the area, and by their statements, they cannot give tickets to the vehicles in that area as the lines are not visible. They had told me to appeal as well. I have taken some photos after taking the car out, and they are saved in the drive.

I logged into the SBC website today to check for PCN pics, but cannot see them yet. Probably, will take a day to upload.
PCN - SB51394193 | Vehicle - CX62 TXM | Website -
3sc.slough.parkinguk.org


This is located at new square -
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Find local businesses, view maps and get driving directions in Google Maps. · google.co.uk


PCN letters/Additional pics are here -
Google Drive · drive.google.com


Do I have a way forward?

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Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #1 on: »
Well, the first of your pictures I open shows a clear yellow line with some leaves, then the third shows the restrictions sign right by where you indicate you were parking, so I think you'll struggle with this. However, one has to wonder why enforcement is now taking place if you've parked there fairly regularly for 2 years.  Maybe you have been lucky, but we do see this sort of thing all the time.

For me, your only real argument against the PCN is your regular parking without penalty.  This is called 'legitimate expectation', but somehow you'd have to show how often you have parked there over the years. Another argument that I don't think is particularly strong is the mess on the carriageway partly obscuring the yellow line, but your own photos shows the line is visible. The whole cul-de-sac has yellow lines, and signs so this is no real guarantee of success.

The PCN looks OK for content, so no mileage there.

Sorry not to be more positive, but I would not risk the discount if it were me. Submit representations but I don't think they'll give way. If you go all the way to adjudication via the Notice to Owner, you will be liable for the full £70 if you lose.

Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #2 on: »
Photos:





















I've requested the traffic regulation order, are you the registered keeper and do you have the V5C?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #3 on: »
Yes, I am the registered keeper and v5c is updated with my current address.

Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #4 on: »
You might as well send something in to buy us time, I suggest in the first instance you draft a representation based on what you've told us so far, post it on here and we'll tidy it up for you.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #5 on: »
Apologies, I was sick, and could not reply. Since the ticket was dated Oct 6th, I am assuming I have time till 20th to appeal.

Please advise if this can be made better. The category I selected was based on the appeal available on the website. If I don't select this, then it will be 'Any other reason'.

---
Category - I didn't see any signs or lines; The contravention didn't occur

The lines are not visible when I parked my car. The lines are broken and obscured by leaves and mud. Additionally, enforcement of the restricted hours has not taken place in that section of the road for last 2 years.
---

Shall I add my photos as well? Manual pic 1-6?
Google Docs · drive.google.com


@cp8759, Did you get any reply on the TRO? I searched everywhere on council website, couldn't locate it. The only mention I found was in some document, which unfortunately I can't remember where it was.


Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #7 on: »
What is against you is the fact that the sign controlling the parking restriction is right by your car. From what I see so far, legitimate expectation is your strongest argument.
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Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #8 on: »
Is this the TRO?

https://tro.trafficpenaltytribunal.gov.uk/TRO/Slough/SB69.pdf

Page 82.

Quote
Category - I didn't see any signs or lines; The contravention didn't occur

The lines are not visible when I parked my car. The lines are broken and obscured by leaves and mud. Additionally, enforcement of the restricted hours has not taken place in that section of the road for last 2 years.

I think it's 'any other reason' i.e Legitimate expectation.

I don't see how you can claim you dididn't know the lines were beneath the mud and leaves and broken if your claiming to have parked there for two years, I'd leave that out, leaving you with
'Any other reason'  Legitimate expectation. I have habitually parked there for at least two years, and observed others parked likewise, without any enforcement by the Council. -see what others advise.


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Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #9 on: »
I've not had any reply about the TRO, it might be the one on the TPT website or maybe there's a newer one, I'll post on here as soon as I get a reply.

For now I would go with John's suggestion for a representation, that should buy you several weeks.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #10 on: »
John, Incandescent and cp8759, Thank you for your inputs.

I have appealed against the PCN as you all suggested. Let's see what the council says.

On a different note, I have a question about PCNs being enforced in that street. Would council keep a data of the number of PCNs being issued in that street, lets say for the last 2 years? If yes, how do I get that details?

Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #11 on: »
How to make a request from public bodies and organisations under the Freedom of Information Act (FOIA), how much it costs and how long it takes
gov.uk


Others with experience of the process may know the finer details.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Like Like x 1 View List

Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #13 on: »
As regards FoI or EiR the following applies:

For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff. It is good practice to provide the contact details of your freedom of information officer or team, if you have one, but you cannot ignore or refuse a request simply because it is addressed to a different member of staff. Any letter or email to a public authority asking for information is a request for recorded information under the Act.

This doesn’t mean you have to treat every enquiry formally as a request under the Act. It will often be most sensible and provide better customer service to deal with it as a normal customer enquiry under your usual customer service procedures, for example, if a member of the public wants to know what date their rubbish will be collected, or whether a school has a space for their child. The provisions of the Act need to come into force only if:

you cannot provide the requested information straight away; or
the requester makes it clear they expect a response under the Act.


My emphasis. 

https://ico.org.uk/for-organisations/foi-eir-and-access-to-information/guide-to-freedom-of-information/receiving-a-request/

Just write separately and ask.
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Re: Slough - PCN Contravention 01 - Broken single yellow line
« Reply #14 on: »
Thank you John and HC Andersen for the info on FOI requests. I am going to do some reading now.

On my PCN appeal, SBC cancelled the PCN saying there was a technical fault on the ticket. I couldn't find it though. Maybe your expert eyes can. I will be eager to know what it was.

Link to the appeal reply -
Google Docs · drive.google.com