Is this PCN invalid?

[fcgb]

Hi everyone.

 

Today I parked on the bay shown in image 1 (from google maps).

There was no other spaces on the street except the end of this bay,

 

 

I parked my car in there but some of the back of my car went over the yellow lines as shown in image 5 and image 6 (taken with my mobile).

 

 

The reason why there were no other spaces was because on the other spaces up the street, as shown on image 3 (google maps) and image 4 (mobile),

there were cones and notices stating that those spaces were out of use for roadworks.

 

 

The cones were only on the other side of the street, not on the side where I parked.

There were roadworks vehicles on those spaces and they had cones and barriers around them.

There were no cones, barriers, notices or roadworks vehicles on the space where I parked.

 

I paid for a pay and display ticket and did not exceed the time (image 7).

The pay and display ticket was clearly shown on my dashboard.

 

The PCN does not show my pay and display ticket number.

 

 

The PCN states that I parked on a restricted street during prescribed hours.

It does not state that I parked ou double yellows.

 

 

I asked the Civil enforcement officer why he issued the PCN and he told me that it was because I parked on double yellow lines.

 

 

Note that the PCN states that there is no tax disc,

I'm sure you all know this but you are not obliged to display them anymore,

however my car is taxed and insured.

 

Can I successfully challenge this?

 

Sorry for the links/attachments. I found just now that I can only upload 5 attachments, so I am linking the images instead.

 

Thank you for your advice in advance.

Edited April 23, 2015 by fcgb
added all images in pdf

[dx100uk]

you can put multiple images into a word doc then covert that to PDF and attach it

 

 

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[fcgb]

No one knows, guys?

[Michael Browne]

I parked my car in there but some of the back of my car went over the yellow lines

Where there is just the rear of your car overhanging, you could argue 'de minimus', in your case there is half the car

 

The pcn does not show my pay and display ticket number.

Doesn't have to , it not a statutory requirement

 

The PCN states that I parked on a restricted street during prescribed hours.

It does not state that I parked ou double yellows.

Code 01 is the correct contravention for SYL or DYL where there are no loading/unloading restrictions

[fcgb]

In a nutshell, do you mean that there's no way to contest this and I should pay?

[Michael Browne]

Yes, you can appeal, the discount will be re-offered when they reject which will extend the time you need to pay, but since you have no real grounds, ultimately you will have to pay

[fcgb]

I don't mind paying it now, I just think that if I paid for the parking, displayed the voucher correctly and considering that most of the road was closed for parking because of road works, they would be more lenient and rethink the charge, after all it's not like I parked fully on double yellows, I made an effort to fit the car into a bay which shows that I didn't mean to take the mickey... But alas, I sent them an email explaining, I bet they won't accept it but you never know. Thank you for replying.

[Jamberson]

To be honest, I think you're wasting your time on this. All the reasons and reasoning count for very little when it comes to cases like this. You're quite clearly on the yellow line (and if you're part on it, you're on it) and that's exactly what the "restricted street" contravention is for. Wish I could tell you otherwise.

[fcgb]

That's alright, no biggie. The email was very brief. I explained that I went for a blood test and couldn't find any place, as I was running late I placed the car in there as I had no other option. If they do it as a gesture of goodwill then great, otherwise I'm not too worried, my health comes first Thanks anyway!

 

To be honest, I think you're wasting your time on this. All the reasons and reasoning count for very little when it comes to cases like this. You're quite clearly on the yellow line (and if you're part on it, you're on it) and that's exactly what the "restricted street" contravention is for. Wish I could tell you otherwise.

[king12345]

Unfortunately your car is half on double yellow.

Some councils unofficially allow vehicles to overhang the bay as long as the wheels are within the bay.

This is not your case.

As you said, your health comes first.

[Jamberson]

If there was a real health risk at that time, then that would strengthen an appeal. If you centre the appeal on those lines, and include evidence of the appointment, then your chances raise from very little to a possible cancel. I gather you've already emailed an appeal but there's nothing to stop you emailing further info in support of the first email.