Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: nonsequiter on December 02, 2024, 08:07:06 am
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Yes you've been done for the single yellow line that co-exists with the zigzags.
Some appeals have been won owing to the two restrictions not being clear at the location. See one recent one below, plus the traffic signs manual guidance.
The council took a lot of pics of your car but there is none of the zone entry sign.
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2240351023
London Borough of Newham
Contravention date 06 Apr 2024
Contravention time 13:44:00
Contravention location Shaftesbury Road
Penalty amount GBP 130.00
Contravention Parked restricted street during prescribed hours
Decision Date 18 Oct 2024
There are two restrictions at this location. A yellow line waiting restriction and a prohibition on stopping on entrance markings. Although the appellant parked outside of the times of the signed prohibition on stopping she did so when the restriction indicated by the single yellow line was in force. I am however going to allow this appeal because (i) the yellow line is not distinct from zig zag markings and could be seen as being part and parcel of them and (ii) the marking of two restrictions at this location the waiting restriction not being signed at it but on zone entry signage in my view creates an ambiguity as which applies. The contravention has not therefore been proved. I allow the appeal.
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13.28.7. Where the “KEEP CLEAR” marking, whether mandatory or advisory, is used on a road that is also subject to a prohibition of waiting, the latter should be independently signed when it applies during times when the prohibition of stopping does not. The yellow line to diagram 1018.1 or 1017 is placed behind the “KEEP CLEAR” marking. It would be helpful to drivers if at least one upright “no waiting” sign (except where the prohibition is no waiting at any time) is placed alongside the “KEEP CLEAR” marking as a reminder that the waiting prohibition also applies. This also is recommended within a controlled parking zone, where upright “no waiting” signs are normally dispensed with. The “no waiting” sign could be co‑located with the “no stopping” sign where this is parallel to the kerb. The two signs must not be combined into a single sign as this is not permitted by the Regulations (see S4‑2‑19). As the main x‑height for the “no stopping” sign is 40 mm, the x‑height of the “no waiting” sign may be smaller and appropriate for the road in question. Where the prohibition of waiting applies only during times that are covered by the stopping prohibition, yellow lines and signs are not needed, even within a controlled parking zone. The signing and marking of a prohibition of loading should be treated in the same way as the prohibition of waiting.
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(https://i.ibb.co/k6hRQx1/Screenshot-2024-12-02-at-09-42-11.png)
(https://i.ibb.co/CQBKq9C/Screenshot-2024-12-02-at-09-42-18.png)
(https://i.ibb.co/K7BMmDn/Screenshot-2024-12-02-at-09-42-56.png)
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I think you know the answer!
You can see the SYL placed in conjunction with the zig-zags and you know you're within a CPZ - otherwise why have a permit- and if there wasn't a restriction on the opposite side of the carriageway then motorists would be queuing to park in this oasis of free parking.
The alternative would drive a coach and horses through daily and weekly area restrictions because the No Stopping is for fewer days and hours than the parking bays, even without 'event days'.
My initial thoughts are that your defences as regards what we know would include:
It is recommended best practice that the SYL should be signed and not simply rely upon a motorist knowing they're within a CPZ and its hours, therefore why have the council not placed these signs with the No Stopping sign to avoid confusing motorists. There have been successful adjudications on this point, but also losing ones.
Why was your car towed? The council's response was limited to applying its policy regarding towing to the circumstances referred to in the PCN and not to any prospective breach of a No Stopping prohibition at some future time i.e. the events on Sunday and not a concern that you could have been there when No Stopping kicked in on the Monday;
Others will have comments.
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Description
I have an annual permit for Tottenham Hale and regularly park in the bays on Ashley Road. Opposite the parking bays is a yellow zigzag line for the Harris Academy school. There is a sign stating not to stop there Mon-Fri. I parked on a Saturday night (31/11), and on Sunday morning (01/12) my car was towed away and given a PCN. If it matters, the Sunday was an event day, but I am still allowed to park in the area as I have an annual permit.
I had to pay the PCN and Tow fee to release my car and stop incurring any storage fees. I want to appeal this because my understanding was that I was allowed to park on the yellow zigzag given my permit and that it was not in operation.
Was I in the wrong to park on the zigzag lines? All help is appreciated.
Details
PCN: ZN1482018A
Reg: GC65XLW
Google maps: https://maps.app.goo.gl/GF9MpRvvAQfN4iPx7
Council PCN Webpage: https://haringey.tarantoportal.com/PCNs/
All photos and offence details are visible on the council portal page after entering the details given.