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I recently got issued with a pcn for being on a yellow line. I noticed that on the PCN the 'Observed from' time says 10:46 to 16:41.
That seems an awfully long time for a warden to stand watching my car!!! I can only assume that s/he saw the car parked there in the morining, went off again and came back 6 hours later to issue the PCN, in which case, the car wasn't "observed" for the entirety of the given period.
Normally, the observed time is no longer than about 5 minutes which, I think I'm correct in saying, is the length of time you're allowed on a single yellow line before a contravention occurs.
In theory, I may have driven off somewhere and only just parked there again 2 minutes before the warden arrived, assumed I had been there all day, (or more to the point for over 5 minutes) and then slapped a ticket on me!
If the law says that a vehicle must be observed for a given length of time before a contravention occurs, presumably, that observation must be made by the issuing CEO and again presumably that observation must have been continuous and unbroken in order for the CEO to satisfy him/herself that the contravention has indeed taken place.
If the observed from time is in excess of 6 hours, surely I can argue that this can't have been the case.
I know it's a technicality but what the heck, it may be worth a punt?
Normally, the observed time is no longer than about 5 minutes which, I think I'm correct in saying, is the length of time you're allowed on a single yellow line before a contravention occurs.
H
Nope. 'Bloke in pub told me' is not anywhere in statute. There is some DfT guidance if there were no loading restrictions but really only applicable as a challenge.
Does seem very odd but most likely a typo as he/she entered it into HHC.
Worth posting up the pcn so it can be checked for other errors.
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The time allowed to park/wait on a yellow line (whilst in force) is zero minutes despite popular misconception. You can stop for as long as it takes to drop off or collect a passenger from the roadside or load/unload, anything else unless exempt is an instant contravention.
Dept Transport also specifies two types of observation, constant and casual. If issuing to a blue badge for overstaying 3 hours no one in his right mind would expect a CEO to stand by the car for 3 hours!
It was a CEO who told me about the 5 minute thing who was a bloke but not in pub. Maybe that's just a rule of thumb that they use when they're feeling charitable
So as far as the typo thing goes would that in itself be suffucient to invalidate the pcn?
Sorry, can't show PCN as not allowed to post attachments...
5 mins is what the Council instruct the CEO to observe an empty vehicle to assertain if any loading is going on. If the vehicle had a driver he should ask the driver why he is parked if its not already obvious, then instruct him to move on if not loading or issue a pcn. If you pulled up and told a CEO you wanted to buy some shopping he would be incorrect in saying you have 5 minutes to do so.
Time observed on PCN
for being on a yellow line. I noticed that on the PCN the 'Observed from' time says 10:46 to 16:41.
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Originally Posted by harrystottle
