Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kbishop on September 18, 2024, 10:19:29 pm
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The OP's next stage is to make reps against a NTO or to pay.
If there's a chance that Enfield would re-offer the discount in the event of unsuccessful formal reps then they might consider this option.
If they do, then I suggest they approach the matter in a different way and get the authority to say why they have not followed the TSM advice and why in their initial rejection they pooh-poohed the significance of the sign when clearly the CEO felt that it was material because they took the time to include this in the council's evidence.
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It's actually p197:
(https://i.imgur.com/9bLpudP.png)
Problem is this a recommendation not mandatory but drawing an adjudicator's attention to it might work - this case didn't do that.
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2220623404
Contravention date 30 Apr 2022
Contravention time 13:54:00
Contravention location Silver Street
The allegation in this case is that the vehicle was parked in a restricted street during prescribed hours. Mr. Saunderson disputes this on the basis there was a time plate which indicated restrictions different to the controlled parking zone restrictions. He has provided information issued by other Enforcement Authorities. However, the time plate he has provided a photograph of is one which indicates the overnight lorry ban. This does not have any application to a single yellow line.
The single yellow line simply indicates ‘No waiting during restricted hours’. As the Highway Code makes clear there are 2 ways of signing the restricted hours for a single yellow line, by an adjacent time plate or by controlled parking zone. Where there is an adjacent time plate this takes precedence. Where there is no adjacent time plate it is likely the location is within a controlled parking zone. In a controlled parking zone the restricted hours are indicated by signs at each vehicular entry point. There is no legal requirement for time plates adjacent to a single yellow line within a controlled parking zone. Indeed the whole purpose of a controlled parking zone is to avoid the expense and clutter involved in a profusion of signs.
The Enforcement Authority rely on this location being within a controlled parking zone for which the restricted hours are Monday-Saturday 8am-6.30pm. This PCN was issued at 1.54pm on a Saturday.
Mr. Saunderson has not provided any evidence of a time plate which did actually vary the restricted hours from the controlled parking zone restrictions. I am satisfied that the controlled parking zone restrictions applied.
Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.
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A length of yellow line that is independently signed can be misleading. Take a read from page 194 (https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf) where the Govt give signing advice to Councils. Paragraph 14.1.16 covers your scenario where it is recommended to place two signs to avoid the confusion you faced.
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Thanks, that makes sense now.
My only complaint to Enfield council is that the signage is misleading because it should also should repeat the restriction of the overall parking zone restriction in place as well as the lorry ban.
I assume there's little point appealing on the grounds that while they are correct, the signage is misleading?
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The CEO shouldn't have taken a pic of the overnight lorry ban as it's irrelevant to your contravention as their rejection says.
You were in Enfield Town controlled parking zone where single yellows are restricted according to times on the zone entry signs.
(https://i.ibb.co/dByJVLZ/Screenshot-2024-09-18-at-23-45-17.png)
(https://i.ibb.co/xCxLtFG/Screenshot-2024-09-18-at-23-46-16.png)
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I parked on a single yellow line on Silver Street in Enfield during the day time.
Google maps location:
https://maps.app.goo.gl/BHFcPFMiio1M8rZo6 (https://maps.app.goo.gl/BHFcPFMiio1M8rZo6)
My understanding of the parking restriction sign is that it applies to buses and vehicles over 5 tonnes (therefore not cars). I received the PCN and rather than paying the PCN I appealed it.
I have now received a letter from them stating that they don't accept my appeal (see link):
https://drive.google.com/file/d/1k7DfUkNifrLCeOwR8mrkKHm0x3SsEWCK/view?usp=sharing (https://drive.google.com/file/d/1k7DfUkNifrLCeOwR8mrkKHm0x3SsEWCK/view?usp=sharing)
The supporting evidence from the parking attendant is in the photos below:
https://drive.google.com/file/d/1s-l3dBwhekPlVBiceNqAykqWX3pmjvnH/view?usp=drive_link (https://drive.google.com/file/d/1s-l3dBwhekPlVBiceNqAykqWX3pmjvnH/view?usp=drive_link)
https://drive.google.com/file/d/1XP1eUsWxp-OiTQ-hEqmAeOnhQphubNw_/view?usp=sharing (https://drive.google.com/file/d/1XP1eUsWxp-OiTQ-hEqmAeOnhQphubNw_/view?usp=sharing)
https://drive.google.com/file/d/14A3QFnA2WiPtNrv5ZjJmrw7yLewsXyQf/view?usp=drive_link (https://drive.google.com/file/d/14A3QFnA2WiPtNrv5ZjJmrw7yLewsXyQf/view?usp=drive_link)
https://drive.google.com/file/d/15QMhXZDsqyNCYNTEBvphF47nYHyt4rAw/view?usp=drive_link (https://drive.google.com/file/d/15QMhXZDsqyNCYNTEBvphF47nYHyt4rAw/view?usp=drive_link)
https://drive.google.com/file/d/1cw0UbaFiXbVpFB8YRE-4vMbAtOn5bWNY/view?usp=drive_link (https://drive.google.com/file/d/1cw0UbaFiXbVpFB8YRE-4vMbAtOn5bWNY/view?usp=drive_link)
https://drive.google.com/file/d/1qvSLV3Q-pwtaG5JXElHIOqRVHog_7tjI/view?usp=drive_link (https://drive.google.com/file/d/1qvSLV3Q-pwtaG5JXElHIOqRVHog_7tjI/view?usp=drive_link)
https://drive.google.com/file/d/1pEku8gtGm3C0Ny6esWZNxIg7bT2VbD2C/view?usp=drive_link (https://drive.google.com/file/d/1pEku8gtGm3C0Ny6esWZNxIg7bT2VbD2C/view?usp=drive_link)
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That sign doesn't help at all. Post the PCN leaving in all details.
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Hi All,
I've received a PCN for parking on a single yellow line where the specific parking restriction is shown in the photo on the link at the end of the post.
My reading of the sign is that buses or vehicles over 5 tonnes are restricted from parking on the yellow line during the hours specified and that this restriction doesn't apply to cars.
Have I read this sign correctly?
(https://ibb.co/jJV9Rj2)
Image link below:
https://ibb.co/jJV9Rj2 (https://ibb.co/jJV9Rj2)
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Sounds like you were in a controlled parking zone but read this and post the PCN leaving in all details.
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/
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Hi All,
I've received a PCN for parking on a single yellow line where the specific parking restriction is shown in the photo attached.
My reading of the sign is that buses or vehicles over 5 tonnes are restricted from parking on the yellow line during the hours specified and that this restriction doesn't apply to cars.
Have I read this sign correctly?
(https://ibb.co/jJV9Rj2)
Image link below:
https://ibb.co/jJV9Rj2 (https://ibb.co/jJV9Rj2)