Skip to content

Torbay council parked on double yellow lines

120 Views 6 Replies

0 Members and 0 Guests are viewing this topic.

Torbay council parked on double yellow lines
on:
#1
Parked on a side road with yellow lines but no visible restrictions for loading to carry a paddleboard to the nearby beach.

Appealed to say no observation time and provided photos of the paddleboard to show it was a large object. Council rejected which is also in the photos.

Worth taking my appeal further? Its still within discount period and only £35 which actually sems reasonable compared to London.

https://imgpile.com/p/P7scr5L
Re: Torbay council parked on double yellow lines
Reply #1 on:
#2
A double yellow has no meaning in an off-street car park and certainly not a 'restricted area'.

The terms board says vehicles must be wholly parked within a relevant bay so the correct contravention is 'not parked correctly within the markings of a bay or space'.

Their rejection very helpfully confirms this!

Yellow lines are misleading in off-street car parks. But some adjudicators think they do convey a restricted area. 

The PCN looks a mess in part - did they print two copies?






Last Edit: September 04, 2026, 08:03:20 pm by stamfordman
Re: Torbay council parked on double yellow lines
Reply #2 on:
#3
They only printed the one copy, I just realised after posting that the original picture I took wasn't very clear so added some more at a closer angle.
Re: Torbay council parked on double yellow lines
Reply #3 on:
#4
I think they have a problem in addition to the misprinted PCN which you don't appear to have mentioned in your reps:

https://tro.tpt.gov.uk/TRO/Torbay/Borough-of-Torbay-Off-Street-Parking-Places-Order-2026.pdf

The Order hasn't got any plans showing CP boundaries and GSV does not show any car park information before you have passed the DYL. IMO there's nothing to prove that this roadway is even part of the CP and subject to the Order.
Re: Torbay council parked on double yellow lines
Reply #4 on:
#5
Draft of the reps I will send once the NTO arrives in post.

Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice, issued under contravention code 81. I do not accept liability for this penalty and set out my grounds below.


1. The Penalty Charge Notice is defective on its face seems to be printed on top of the location field describing where the contravention took place. As these are mandatory elements of a compliant PCN, its defective condition means the notice should be considered invalid on procedural grounds alone. Photographs of the misprinted notice are enclosed.

2. No evidence the location is subject to a valid restriction

I have been unable to obtain any plan accompanying the relevant Order that clearly defines the boundaries of the car park or any restricted area within it. Without such a plan, there is no basis to establish that the specific stretch of roadway where my vehicle was parked falls within an area subject to the order relied upon. The council must demonstrate the restriction applied to this precise location; in the absence of a boundary plan, this has not been shown.

3. The wrong contravention code has been applied

The PCN was issued under code 81 — “parked in a restricted area in an off-street car park or housing estate.” This code is intended for parking in hatched areas, fire lanes, turning heads, or access ways, not for a vehicle positioned outside bay markings.

The terms board displayed on site (photograph enclosed) states that vehicles must be parked wholly within a bay or space. This describes a different and distinct contravention — code 86, “not parked wholly within the markings of the bay/space” — not code 81. As the facts alleged do not match the definition of code 81, the PCN has been incorrectly coded and should be cancelled on this basis.
Re: Torbay council parked on double yellow lines
Reply #6 on:
#7
IMO:
Procedural impropriety;
Contravention did not occur.

As regards PI, you invite the authority to consider the PCN issued by the CEO, copy enclosed. Their printer was literally having an off-day as the full 'regulatory matters' are not stated clearly and the dates given for latest date for payment are wrong in both instances i.e. for a PCN issued on 12 Oct. the latest dates for payment are 8 September and 25 August for the 28-day and 14-day periods respectively and not 9 Sept. and 26 Aug.

Contravention.....
As discussed above.
Agree Agree x 1 View List