Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Avrumy on October 29, 2024, 03:37:21 pm

Title: Re: Hackney Council / 01 (Double Yellow) / Rossington St.
Post by: Avrumy on November 07, 2024, 05:03:59 pm

Hi
Sorry for my late reply.
The car was parked as the driver assumed that because part of the line is fully erased (updated pictures attached), PCN shouldn't be given.
Any advice? (14 days pass on Saturday).

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Title: Re: Hackney Council / 01 (Double Yellow) / Rossington St.
Post by: cp8759 on November 06, 2024, 08:13:12 pm

@Avrumy I don't have a problem with you reaching out to me directly, but stamfordman asked a pertinent question and you never responded. The first issue we need to determine is why you parked there.

TMO:

The Hackney (Waiting Loading and Stopping Restrictions) (Map Based) (Consolidation No.2) Order 2018 (https://drive.google.com/file/d/1jTVh4qLKmSIQcyVy59taljS9lrzEt-cg/view)
The Hackney (Waiting Loading and Stopping Restrictions) (Map Based) (Consolidation) (Amendment No.68) Order 2021 (https://store.traffweb.app/hackney/documents/parkmap/sched/2021-%20666%20-%20667.pdf)
Map tile S27 (https://store.traffweb.app/hackney/documents/parkmap/msched/S27_rv31_2.pdf)

One possible argument is that the amending order purports to amend The Hackney (Waiting Loading and Stopping Restrictions) (Map Based) (Consolidation) Order 2018, but that order has been revoked by the (Consolidation No.2) Order 2018.

Title: Re: Hackney Council / 01 (Double Yellow) / Rossington St.
Post by: stamfordman on October 29, 2024, 05:45:48 pm

Indeed.

Lines only need to be substantially compliant and there isn't any way we can't see double yellows there although we can't see what's under your car.

But it's no doubt in a controlled zone so all kerbsides are yellow lines or bays (apart from bus stops etc.)

Why did you park there?

(https://i.ibb.co/TH5xGNK/hack1.jpg)
(https://i.ibb.co/zPTk15r/hack2.jpg)

Title: Re: Hackney Council / 01 (Double Yellow) / Rossington St.
Post by: Incandescent on October 29, 2024, 05:42:45 pm

Well, sorry to bring bad news, but your photo shows double-yellow lines, and these are clear enough for an  adjudicator at London Tribunals.  DYLs do not have to be in perfect condition. Did you see them and then just chance your arm ?

Signature of CEO not necessary nowadays.

Title: Hackney Council / 01 (Double Yellow) / Rossington St.
Post by: Avrumy on October 29, 2024, 03:37:21 pm

Hello,

I would appreciate your advice regarding the attached PCN.

I received this notice on my windshield for a "Code 01 - parking in a restricted street during restricted hours."

Firstly, the yellow lines on the street are severely faded, with portions almost completely erased (see attached photo). Additionally, I am unsure if the lines meet the legally required width.

Secondly, I noticed the PCN has not been signed by the issuing officer.

Could you please advise on how I might challenge this ticket?

Thank you in advance for your assistance.

Link for street view: https://maps.app.goo.gl/zKpNFFeHPQxwiFev8

Link for PCN and Pic: https://drive.google.com/drive/folders/1_apUCh3z1hvMFraqSq8e-xvj1nl33HNH?usp=sharing

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