Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: covbluenose on January 25, 2025, 09:22:44 am

Title: Re: PCN Birmingham City Council- 01 parked in Restricted Street, Bordesley Park Rd, Birmingham
Post by: H C Andersen on January 26, 2025, 01:10:20 pm
Have you looked at the council's photos? https://pcn.birmingham.gov.uk/userservices/ViewEvidence.aspx

Their first photo shows a very worn yellow line going under the front of your car and none immediately to the rear. However, also visible in this photo is a length of very clear DYL a little to the rear of your car. Picking a parking spot with a car's length of dilapidated markings in what is clearly a restricted street(DYLs abound and have for years) is unlikely to win at adjudication IMO.
Title: Re: PCN Birmingham City Council- 01 parked in Restricted Street, Bordesley Park Rd, Birmingham
Post by: covbluenose on January 26, 2025, 12:53:33 pm
https://imgur.com/a/rVSB4BU

Hi, sorry if I hadn't done it right- it was within the above link but I've split it out and it's on its own link above now.
Title: Re: PCN Birmingham City Council- 01 parked in Restricted Street, Bordesley Park Rd, Birmingham
Post by: stamfordman on January 25, 2025, 12:44:38 pm
Post the PCN with no redactions.
Title: Re: PCN Birmingham City Council- 01 parked in Restricted Street, Bordesley Park Rd, Birmingham
Post by: Incandescent on January 25, 2025, 10:38:02 am
Whilst the lines may be very worn near your car, it's whether they indicate a restriction when looked at overall. Councils are not obliged to maintain lines in perfect condition, and an adjudicator will decide on the basis of "do the lines as presently visible clearly convey the restriction". My view is that they do, but others on here may differ.

However don't just cough-up straightaway, but submit some informal representations on the virtually worn out lines, pointing out that they were recently renewed nearby. Post-up their response when you get it. Obviously the council see this street as a "nice little earner" when there are football games at St Andrews.
Title: PCN Birmingham City Council- 01 parked in Restricted Street, Bordesley Park Rd, Birmingham
Post by: covbluenose on January 25, 2025, 09:22:44 am
Good morning.

I received a PCN (BM40962920) having parked at the above mentioned location to attend a football game on Saturday 18/01/2025

Location: 
https://maps.app.goo.gl/owuEp3jPdVAsGszJA

There were no double yellow lines visible at the location it was only when I returned to the car and noticed the ticket that I discovered traces of the lines having once been present!

The photos I took at the time are available here: 
https://imgur.com/a/xd7Ty9D

I'm not sure how relevant it may be, but I also noticed the council had recently instated new double yellow lines on the same street but not where I parked. I have added a google image within the above link and have drawn on where the new double yellows have been instated and marked where my car was parked (incidentally in exactly the same position of another parked car on the google image).

Copy of PCN attached in above link.

Due to the lines being non-existent, I would like to appeal this PCN on this basis.

I really appreciate any help/ advice from you all!

Many Thanks

Richard