PCN - Worth challenging? - or am I an idiot?!
PCN - Worth challenging? - or am I an idiot?!
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anonymous-user

Original Poster:

83 months

Sunday 15th August 2010
quotequote all


As the title says - PCN - Worth challenging? - or am I an idiot?!

For years I have parked in this spot in a sidestreet in my local town, when popping into the shops quickly (10 minutes this time, although this is irrelevant).

Yesterday I received a Penalty Charge Notice, £35 if paid quickly, for parking in a restricted street.

In my view I was not parked on this restricted street , also not blocking the pavement as the bit I am on leads nowhere.

I guess the bit of ground is owned by someone, but not the local traffic warden mofoisi..

There is a 30 minute parking bay a little behind me, this was full. I returned to my car less than a minute after the PCN was written, no sign of warden. But I noticed that he was sitting in the 1st car in the bay, waiting for a mug like me...

So was I in the wrong & should cough up?

Or worth an appeal?

Cheers!

r11co

6,244 posts

259 months

Sunday 15th August 2010
quotequote all
By the looks of those pictures the 'double yellows' are not legal (ie. they do not conform to the necessary legal specification). I don't have all the specifics to hand (you can google them) but in general they have to be continues (no worn out or tarred over bits) from one terminating bar to the other.

It's a technicality, but those that make the rules also have to abide by them. Make a video of the lines as you walk along them and present them as evidence....

Aeroresh

1,429 posts

261 months

Sunday 15th August 2010
quotequote all
double yellow lines apply as far as the back of the adopted footway. Unless the area you were parked is deemed as private property, you've got no chance frown

As for not conforming to TSGD (the regs), I wouild say the bit we can see looks like it does unfortunately.

The only option you may have is to see whether the legal order behind the lines, matches what is on the ground.

Edited by Aeroresh on Sunday 15th August 09:54

anonymous-user

Original Poster:

83 months

Sunday 15th August 2010
quotequote all
Aeroresh said:
double yellow lines apply as far as the back of the adopted footway. Unless the area you were parked is deemed as private property, you've got no chance frown
Thanks - you learn something every day!, I'll get the credit card out!

Edited by anonymous-user on Sunday 15th August 09:57

Flintstone

8,644 posts

276 months

Sunday 15th August 2010
quotequote all
r11co said:
By the looks of those pictures the 'double yellows' are not legal...
Aeroresh said:
As for not conforming to TSGD (the regs), I wouild say the bit we can see looks like it does unfortunately.
And there children we have a perfect example of why we shouldn't rely on advice from the internet biggrin

TonyRPH

13,539 posts

197 months

Sunday 15th August 2010
quotequote all
According to the info on the 'bad parking thread' here

Ceylon said:
driverrob said:
8400rpm said:
It's not illegal to park behind double yellow lines.

It is against the law to obstruct a footpath. As long as there is sufficient room to park on the pavement and still leave lots of room, then there is no problem.
I bet not a lot of people know that. Well, I didn't.
Whoever put tickets on a number of cars outside the Black Bull Pub Brampton where there is a very large pavement(room for cars and prams) didn't know that either.

The authorities seem keen for cars to be parked in the road to provide cheap traffic calming. Although why these muppets think forcing cars to wait for gaps to gradually progress down a road is in any sense "calming" is anyones guess!
This suggests it is legal??


herewego

8,814 posts

242 months

Sunday 15th August 2010
quotequote all
Along the edge of the carriageway
Waiting restrictions
Waiting restrictions indicated by yellow lines apply to the carriageway, pavement and verge.

http://www.direct.gov.uk/prod_consum_dg/groups/dg_...

nickwilcock

1,523 posts

276 months

Sunday 15th August 2010
quotequote all
Perhaps the words "KEEP CLEAR. EMERGENCY VEHICLE ACCESS" on the sign may have had some influence on the parking warden's actions?

Wherever it is, it looks a right dump. I'm amazed that anyone would risk parking a vehicle there.

eldar

25,274 posts

225 months

Sunday 15th August 2010
quotequote all
nickwilcock said:
Perhaps the words "KEEP CLEAR. EMERGENCY VEHICLE ACCESS" on the sign may have had some influence on the parking warden's actions?

Wherever it is, it looks a right dump. I'm amazed that anyone would risk parking a vehicle there.
I'd assume 'Keep Clear' applies to the gateway/entrance, rather than the surrounding roads and pavements? Doesn't look like an official sign, either.

anonymous-user

Original Poster:

83 months

Sunday 15th August 2010
quotequote all
nickwilcock said:
Perhaps the words "KEEP CLEAR. EMERGENCY VEHICLE ACCESS" on the sign may have had some influence on the parking warden's actions?

Wherever it is, it looks a right dump. I'm amazed that anyone would risk parking a vehicle there.
The actual building does look a dump (government/BT eyesore) but the atual area is not that bad..
The sign is for the gate, which was clear. I think I'll just cough up the £35 & put it down to experience. I've saved more than that by parking there over the last 20 years so I had a good run!

Mill Wheel

6,149 posts

225 months

Sunday 15th August 2010
quotequote all
Aeroresh said:
double yellow lines apply as far as the back of the adopted footway. Unless the area you were parked is deemed as private property, you've got no chance frown

As for not conforming to TSGD (the regs), I wouild say the bit we can see looks like it does unfortunately.

The only option you may have is to see whether the legal order behind the lines, matches what is on the ground.
...and given the poor state of the lines we CAN see, check further along - and are they terminated with a right angled bar to the kerb?

I see there is a dropped kerb behind you by the gate - and a wheely bin in front of your car.
I would DEFINITELY check to see if the "foot path" is adopted! Looks like an area where they have parked a rubbish skip in the past, which has made way for a wheely bin - you won't know if you don't check.

Does appealing stop the clock on the prompt payment discount anybody?