PCN - Rugby Borough Council

[Smelly Dog]

I was hoping I would never have to use this area of the CAG forums

 

I received a penalty charge notice on 30th June issued by a civil enforcement officer whilst using my partner's car. £70 or £35 if paid within 14 days.

 

I was taking my dogs for a walk in the park and parked on an area of grass between the road and the hedge. The road is straight and runs down one side of the park. I can include pictures if this helps.

 

Could you guys please assist in helping me decide whether to stick my hands up or fight it? I believe I have a case for appeal.

 

Particulars of charge:

 

"Parked in a restricted street during prescribed hours."

 

1) Whilst there are double yellow lines down both sides of the road they are faded, broken and incomplete. (photos)

 

2) I was not parked ON the road. I was parked on an area of grass adjacent to the road a good ten feet wide. I was a good 2/3 feet away from the kerb.

 

3) There are NO SIGNS indicating parking restrictions or that the area is covered by local council parking restrictions. Not at either end of the road nor along its length.

 

4) Other users of the park regularly park there and I myself have parked there for at least 20 years. On a Saturday morning every inch of space is taken up with footballers. During special events such as the Spring Fair many people park there.

 

5) I was only in the park for 20 mins. I never saw a traffic warden and was never out of sight of the car so I don't know how they could have observed it for 5 mins.

 

6) I and many others believed that the area of grass was owned by Rugby School who have playing fields on the opposite side of the hedge. However, during a brief visit to the council the receptionist phoned the planning dept and they confirmed that it is owned by the council.

 

Thanks for your help.

[Smelly Dog]

Anyone?

 

Please?

[sailor sam]

Hi,

 

I'll try and answer your points in order;

 

1) We would need to see pics to comment.

 

2) The yellow lines would apply to the verge/footpath up to any private property adjacent to the road.

 

3) DY's do not need a sign as they mean 'at any time'.

 

4) irrelevant i'm afraid although you could take this up with the LA. maybe the local residents have recently complained and you were unlucky this time.

 

5) irrelevant. By your own addmission your car was there for at least 20 minutes.

 

6) as I said to point 2, the boundary would be up to any wall, hedge or other structure which is adjacent to the road. Between that and the kerb would be adopted and thus part of the public highway.

 

ADVICE SO FAR: Post up the PCN (wash any personal details) so we can check for any flaws and post pics up of the spot where you were parked showing the offending lines.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Smelly Dog]

Here you go:

 

[Smelly Dog]

PCN with obfuscated details:

 

[crem]

IMO that would most definately qualify as "verge" and as such is governed by the DYL

[sailor sam]

It's a bit late to appeal now (and it may have been clutching at straws) but as you say the lines are faded although I don't think there would have been any mileage in arguing the point because no doubt the council will say the lines are visible which would mean you ending up taking it to the adjudicator. That would mean you loosing the opportunity of paying the discounted charge (if you havn't allready missed the deadline which is today) if you loose.

 

My advice is send a cheque for £35 with yesterdays date on it and post it tonight first class.

 

Sorry!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Smelly Dog]

So lack of signage is irrelevant in this instance?

[sailor sam]

So lack of signage is irrelevant in this instance?

 

Yes, it is not needed for double yellows.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Michael Browne]

Ironically on Google Streets, one of Rugby Councils own vehicles is parked on the verge

[Smelly Dog]

Ok well thanks for looking fellas

[Smelly Dog]

Ironically on Google Streets, one of Rugby Councils own vehicles is parked on the verge

 

Yep! And if you look at the grass it is covered in ruts from the dozens and dozens of people that park there to use the park every week.

 

I only park there to keep the dogs in the shade under the trees after I have walked them while I take the kids to the swings....

 

Still. History of use doesn't seem to matter....or the lack of signs...or the fact that I wasn't even on the road...

[green_and_mean]

...or the fact that I wasn't even on the road...

 

You were on the road which is why you got a PCN, I think you mean the carriageway which is technically not the same.