challenged a PCN and WON

[ColinM50]

I posted here and on Pepipoo on Saturday re my inadvertent parking on a D/Y where a lot of the paint was missing.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

General advice was I didn't have a leg to stand on (I still disagree) but to send them a humble grovelling apology and maybe they'd rescind it.

On Sunday I sent them a fairly long polite but firm diatribe explaining the reasons for parking there and also querying the legality of the non existent paint on the D/Ys'.

Had a reply back yesterday from Indigo, Milton Keynes parking contractor, dismissing my request for cancellation saying they thought the D/Y's were correct. So I phoned them to request a copy of the law and regulations on D/Y's. They put me on to MK council and I explained the situation to them. At first they said the same, "no, the lines are clear". I then spoke to somebody further up the food chain, a very nice understanding lady who looked at the pics and initially she said they couldn't do anything too. I persisted (politely and calmly) in requesting a copy of the law or regulations surrounding the paint on D/Y's and I asked to speak even further up the food chain. She went away and had a word with "the big boss" and came back and agreed that in this instance they'd cancel the PCN. And confirmed it in an email later yesterday.

So a result. Thanks for the advice. Well done.

I think it goes to show if you're fair and polite and have a reasonable calmly made argument, people treat you in the same manner - fair and reasonably.

In reality I still think the line is illegal and the missing paint constitutes an "offence" and maybe the council agreed hence their cancelling the PCN?

Edited by ColinM50 on Wednesday 3rd February 09:40

[speedking31]

Back in the day, councils used to maintain road markings. Now they don't bother. There are yellow boxes around that are virtually invisible in the wet. I see Norfolk has a great plan to remove centrelines to "improve safety", it's not about cost cutting then Talk about having their cake and eating it.

[LunarOne]

ColinM50 said:

In reality I still think the line is illegal and the missing paint constitutes an "offence" and maybe the council agreed hence their cancelling the PCN?

Edited by ColinM50 on Wednesday 3rd February 09:40

I'm glad you won, but that doesn't make the line "illegal". In the eyes of the law, the broken line is the same as no line, so therefore you were within your rights to park there. It's a shame (although not at all surprising) that the council didn't cancel your ticket as soon as they saw the picture of the broken line.

[speedking31]

Not the case any more, e.g. missing end delineators. As long as the lines can be reasonably interpreted as to their intent then they are sufficient to indicate no parking. It now becomes subjective as to whether metres of missing line is enough to make the intent unclear.

[HTP99]

A few years ago the wife got a parking ticket for not parking within the lines, she claimed to me that she had parked correctly and the ticked was outrageous etc; she declined to take a photo of her parking to prove to me that her parking had been fine.

So being the dutiful and believing husband I appealed it on her behalf; we won, however they included photo's and I have to say that her parking wasn't great, she was over a line; if I had seen a picture originally I would have told her that I wasn't surprised she had received a ticket and I wouldn't have appealed it.

Whoever was on appeals that day must have got some the night before because they must have been in a good mood.

[anonymous-user]

speedking31 said:

Back in the day, councils used to maintain road markings. Now they don't bother

As taxpayers don't wish to fund the costs
Hope that helps