Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: saiki on July 23, 2023, 11:20:36 am

Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: Incandescent on October 02, 2023, 09:47:46 pm
Quote from: saiki on October 02, 2023, 09:28:15 pm
Just to close this off Enfield Council responds and cancelled the ticket.
As they should have done. We don't see this very often, I have to say.

Well done !
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: saiki on October 02, 2023, 09:28:15 pm
Just to close this off Enfield Council responds and cancelled the ticket.
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: mickR on July 25, 2023, 08:37:13 am
didn't realise this case was continuing here from pepipoo.
I posted there that the GSV is unreliable.
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: cp8759 on July 24, 2023, 07:21:46 pm
Quote from: John U.K. on July 23, 2023, 03:29:32 pm
Does not say much for the quality of Enfield's yellow paint if a set of blips, so well-defined in March 2022, can so completely disappear in less than eighteen months.
To be fair even in March 2022 they were worn / faint but still adequate, they were not pristine. The last pristine kerb blips I can find were May 2018 (https://goo.gl/maps/wTq5yGYNhJuPkDXM7).
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: saiki on July 23, 2023, 11:54:20 pm
Thanks, I'll put in the appeal tomorrow and see what they say.  You are indeed correct the lines do disappear and are very faint. 
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: John U.K. on July 23, 2023, 03:29:32 pm
Well-spotted, CP!
I take back my gloomy comment.

Does not say much for the quality of Enfield's yellow paint if a set of blips, so well-defined in March 2022, can so completely disappear in less than eighteen months.
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: cp8759 on July 23, 2023, 02:56:48 pm
The photos taken by the CEO clearly show that the kerb blips have completely disappeared since the google car last went by in March 2022:

(https://i.imgur.com/9proX8U.jpg)

(https://i.imgur.com/cZmYThq.jpg)

(https://i.imgur.com/L3OcchA.jpg)

(https://i.imgur.com/79VOM1j.jpg)

(https://i.imgur.com/QmZAwXo.jpg)

(https://i.imgur.com/AOPrkeD.jpg)

(https://i.imgur.com/UbmjBEX.jpg)

(https://i.imgur.com/QLLlC7O.jpg)

Draft representation:

Dear London Borough of Enfield,

I contest liability for PCN EF14519059 on the basis that the alleged contravention did not occur. I parked on a single yellow line and correctly displayed by blue badge, there were no kerb blips to alert me to a loading restriction so I have no reason to check for the regulatory timeplate. There is an obligation at regulation 18(1)(b) of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 to maintain signage, in this instance the council has quite plainly defaulted on this obligation. As a result the signage is not adequate, and it follows that the contravention alleged did not occur.

Yours faithfully,
Title: Re: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: John U.K. on July 23, 2023, 11:35:09 am
The sign

https://goo.gl/maps/PxcChjkabY6vP9Tb7

is clear

No waiting - 8am - 8pm which governs the single yellow line every day.
No loading - 8am - 8pm which governs the single kerb blips every day.

Both line and blips are clear.

So at 12:46 you were in contravention (unless this was the middle of the night).

Not looking good unless there are errors in the 'small print' - so please post the back of the PCN.
Title: Enfield, code 02, Parked in restricted street while loading restrictions in force
Post by: saiki on July 23, 2023, 11:20:36 am
I received a ticket for being parked in church street. The ticket is listed as a contravention for being parked in a loading/unloading restricted road.

I did not park in a loading bay but outside of it on a single yellow line, displaying my disabled badge at the time also. I saw today while looking at Google Maps that a No loading sign between 8am and 8pm is displayed with an arrow further down.

Does this mean I am prevented from parking on the single yellow line in this area and the ticket is valid?

PCN - (https://i.postimg.cc/8CqxkZWt/PCN-notice-Enfield.jpg)

Location - https://goo.gl/maps/uji6vtmv3UvWXvAc7