Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: TeamLH44 on October 31, 2024, 01:18:57 am

Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: stamfordman on November 02, 2024, 11:30:14 am
This isn't a controlled parking zone so each single yellow line must have its own timeplate and you can only rely on the timeplate for the line you're on.

You asked where there are 8am starts - here's one nearby:

https://www.google.com/maps/@53.4454933,-2.3552424,3a,24.9y,292.91h,78.13t/data=!3m7!1e1!3m5!1sOg-voHcTMcpiPZPeahlPyA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D11.866365321657895%26panoid%3DOg-voHcTMcpiPZPeahlPyA%26yaw%3D292.90577156542906!7i16384!8i8192?coh=205410&entry=ttu&g_ep=EgoyMDI0MTAyOS4wIKXMDSoASAFQAw%3D%3D
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: H C Andersen on November 02, 2024, 08:49:03 am
Then this is your challenge and supporting evidence.

I parked at the location and was served a PCN giving a time of contravention of 8.29am on Tues. 29 October.

The location is regulated by a single yellow line.

The restricted times for this SYL are indicated by traffic signs situated o/s nos. ** and *** - see enclosed GSV snapshots. (your side of the road)

The restricted times are as follows: No Waiting Mon-Sat: 9am-8pm.

8.29am was not a restricted time and therefore the contravention did not occur and the PCN must be cancelled.
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: TeamLH44 on November 01, 2024, 09:08:07 pm
So the restriction is the same on either side and the signs for your side are also 9am-8pm and present in GSV which you can show?


Yes and yes
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: H C Andersen on November 01, 2024, 09:06:03 pm
So the restriction is the same on either side and the signs for your side are also 9am-8pm and present in GSV which you can show?
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: TeamLH44 on November 01, 2024, 08:46:52 pm
OP, where were you parked e.g. opp no. **, outside no. **?

Your photos are confusing because the traffic sign would appear to be on the opposite side of the carriageway to where you were parked and therefore this could not apply to you because this type of sign is specific to one half of a carriageway, therefore knowing where other signs might be would be of little help if you don't understand this fundamental principle.


The sign was in between house no.24 and no.22 and I was parked on the opposite side of the road.


Tried to make it clearer below.

https://imgur.com/a/3F320Ki
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: H C Andersen on November 01, 2024, 08:14:09 am
OP, where were you parked e.g. opp no. **, outside no. **?

Your photos are confusing because the traffic sign would appear to be on the opposite side of the carriageway to where you were parked and therefore this could not apply to you because this type of sign is specific to one half of a carriageway, therefore knowing where other signs might be would be of little help if you don't understand this fundamental principle.

As regards your challenge, start with facts then deal with argument and conclusion.

I was parked in Queen's Road outside numbers ** which is marked with a single yellow line.
There are traffic signs at either end of this line situated outside nos. ** and *** which give the following restriction: No waiting Mon-Sat 9am to 8pm(insert actual details pl).

The time of contravention is given as 8.29.

It follows that the contravention did not occur because according to the traffic signs there was no restriction.

The PCN must therefore be cancelled.
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: TeamLH44 on November 01, 2024, 02:06:20 am
Some of the yellow lines nearby do start at 8am so it looks like the CEO got them mixed up.


Which one's might they be so that I know for future reference?
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: stamfordman on October 31, 2024, 11:25:06 pm
Some of the yellow lines nearby do start at 8am so it looks like the CEO got them mixed up.
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: TeamLH44 on October 31, 2024, 11:17:59 pm

Thanks, responding now so I will post the response.

The clocks did change over the weekend so unless the warden was still on BST who knows.... but then again this ticket is from Tuesday not Sunday when clocks changed.

Anyways thanks for the response Incandescent.
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: Incandescent on October 31, 2024, 11:04:28 pm
It does seem pretty clear that you were not in contravention.  OK, you were parked partially on the footway, but the PCN is for being parked during the restricted hours of the single yellow line. Maybe the CEO had a brainstorm !

So submit reps on the following lines:=

Quote
Dear Sirs

Re PCN <number> dated <dd/mm/yyy> served at <location>

I deny responsibility for payment of the above PCN on the grounds that the contravention did not occur.

The PCN is timed at 08:29 but the sign controlling the yellow line where I parked gives the restriction times as applying from 9am to 8pm. I therefore demand that the PCN be cancelled forthwith.

Yours faithfully

Post up their response when you get it
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: TeamLH44 on October 31, 2024, 09:10:48 pm

This is the GSV link:

https://maps.app.goo.gl/gT6nttb2BUNKtByX9


PCN:

https://imgur.com/a/eR7fbkT



PCN pictures:

https://imgur.com/a/L0n8FD2



(I'd like to keep my plate covered if that's okay)
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: Incandescent on October 31, 2024, 09:49:28 am
Please post up both sides of the unredacted PCV and a GSV link to the location.
PCN
Title: Re: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: John U.K. on October 31, 2024, 07:12:31 am
Please post up both sides of the unredacted PCN and a GSV link to the location.

Thanks, Incandescent.
Title: PCN Trafford - Code 01 - Given ticket for parking in a restricted street before the restriction started.
Post by: TeamLH44 on October 31, 2024, 01:18:57 am
Hi all

Maybe I'm wrong but I'm failing to understand why I was given a "PCN Code 01 : Parked in a restricted street during prescribed hours" at 8:29am yet the restrictions starts at 9am to 8pm

I have parked on the street like this many of times as sometimes the driveway is occupied and made sure I'm out before 9am. On this day I was out to find a ticket at 08:45.

Yes I'm on a SYL but this is within the restrictions. Maybe is it because I have 2 wheels on the footpath?? And besides all the cars on the street park this way to create more room for passing cars.

I've attached picture of my car and the signpost directly on the opposite side from where I was parked.

Just making sure I have my facts right before appealing.
Thanks

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