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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: hacnkey212 on May 07, 2024, 06:33:45 pm

Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: Incandescent on May 18, 2024, 07:31:46 pm
So, the contravention would seem to be made out.
@hacnkey212 well I'm not sure that's right, we're flying blind because you've unnecessarily redacted the number plate so we can't look at the council photos. Please read the guidance here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) and re-post the PCN without any redactions.

The map tile for this location is here (https://store.traffweb.app/barnet/documents/parkmap/msched/AK18_rv5_1.pdf) and it's obvious we're not dealing with a CPZ, therefore a single yellow line is only in force during the times indicates in the upright sign.

As we've not seen the council photos, we have no idea if a contravention is made out or not.
Just to say that I looked on GSV and found the sign for the bay and posted it up some time back demonstrating that the PCN was issued within the restricted hours. Of course that view is GSV 2021, so obviously it may not be there or may have been changed.
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: H C Andersen on May 18, 2024, 08:40:55 am
OP, I am unclear what I checked to see if resident bay applies on Bank holiday earlier in the day, saw it did not apply. got to do with what appears to be nothing more than a random and spontaneous act of parking to buy something from a shop?



Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: cp8759 on May 17, 2024, 10:57:48 pm
So, the contravention would seem to be made out.
@hacnkey212 well I'm not sure that's right, we're flying blind because you've unnecessarily redacted the number plate so we can't look at the council photos. Please read the guidance here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) and re-post the PCN without any redactions.

The map tile for this location is here (https://store.traffweb.app/barnet/documents/parkmap/msched/AK18_rv5_1.pdf) and it's obvious we're not dealing with a CPZ, therefore a single yellow line is only in force during the times indicated in the upright sign.

As we've not seen the council photos, we have no idea if a contravention is made out or not.
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: Incandescent on May 12, 2024, 10:21:40 pm
Looking at the circumstances, it doesn't seem to fit "assisted boarding", because you essentially seem to have gone shopping with the children, and when finished, returned to the car with the shopping to drive away. Is my interpretation correct ?
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: hacnkey212 on May 12, 2024, 09:54:15 pm
Any way to appeal this?
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: hacnkey212 on May 10, 2024, 01:13:45 pm
OK, fine, but we need to know what transpired after the children exited the car. Where did you take them, and were you the only adult present ? 

What we're trying to establish is a watertight case of "assisted boarding", (also alighting, of course). So the more you can tell us, the better the text of your representations will be.

We went to the shop near the bus stop. There was another adult in the car?
Any case?
Baby required buggy that I took out and opened etc

Thanks
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: Incandescent on May 08, 2024, 11:04:16 pm
OK, fine, but we need to know what transpired after the children exited the car. Where did you take them, and were you the only adult present ? 

What we're trying to establish is a watertight case of "assisted boarding", (also alighting, of course). So the more you can tell us, the better the text of your representations will be.
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: hacnkey212 on May 08, 2024, 06:26:27 pm
Quote
Or dropping kids off?
All yellow lines have an exemption for boarding/alighting passengers, so please tell us more, like their ages, and did you take them to where they were expected ?

Daughters 1, requiring a buggy, and 5.
This was the nearest single safe spot to stop, outside the shop had a double yellow, could not stop there.

Thank you
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: Incandescent on May 08, 2024, 05:21:56 pm
Quote
Or dropping kids off?
All yellow lines have an exemption for boarding/alighting passengers, so please tell us more, like their ages, and did you take them to where they were expected ?
Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: hacnkey212 on May 08, 2024, 12:23:14 pm
You're the second OP in the last few days who thought yellow lines don't apply on Bank Holidays. Unfortunately, unless the sign says "Bank Holidays excepted" they apply on all days that the sign for the bay says, unlesss there is a statutory exemption. Christmas Day may be one of those days.

It also puzzles me that you linked resident parking bays to yellow lines; there is no connection whatever.


Thank you.
Assumed in a residential zone, the yellow line was linked to the resident bays.

Is there an option to appeal due to there not being observation time? Or dropping kids off?

Title: Re: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: Incandescent on May 07, 2024, 09:48:59 pm
You're the second OP in the last few days who thought yellow lines don't apply on Bank Holidays. Unfortunately, unless the sign says "Bank Holidays excepted" they apply on all days that the sign for the bay says, unlesss there is a statutory exemption. Christmas Day may be one of those days.
Here is the sign for where you parked: -
https://maps.app.goo.gl/VT7PsKtePYHRyx236
Of course, councils may decide they will not enforce on certain days, but that's another matter, and you'd have to check with the specific council.

It also puzzles me that you linked resident parking bays to yellow lines; there is no connection whatever.

So, the contravention would seem to be made out. There may be a technical appeal argument based on council errors in their enforcement, like a fatal error on the PCN, or the Traffic Regulation Order for the bay is wrong, so wait until others have commented before "coughing up".
Title: Single Yellow Line in Barnet on Bank Holiday. - 01 Parked in a restricted street
Post by: hacnkey212 on May 07, 2024, 06:33:45 pm
Hi,

Parked on single yellow line on Bank Holiday, Brent Street in Barnet, London.

Not from the area, I checked to see if resident bay applies on Bank holiday earlier in the day, saw it did not apply.

Assumed the same for the yellow line, especially when I saw a number of other cars also parked on the stretch.

Unfortunately, received a ticket very soon after I parked.

This is the location:
https://maps.app.goo.gl/nAbdoQMP4xczx6W47

How can I appeal this?

(https://i.imgur.com/Fnifsa8.jpeg)

Thanks