section 48 PCN advise please

[adhkar]

Hi guys you've helped in the past so here we go again.

 

There was no parking overnight in my rpz so hubby parked on zigzag school lines with the intention of moving it a later while later or in the morning.

 

He totally forgot and we got a ticket for contravention code 48: stopped in a restricted area outside a school, hospital or a fire, police or ambulance station when prohibited.

 

There's also a single yellow line as it was during rpz times but he's not included that contravention on the ticket as that I wouldn't argue and pay straight up.

 

Question is that it's half term and the school isn't in use so can I appeal on that basis?

 

I have a feeling they'll just come back with it was outside a bay during restricted hours and they'll still charge me.

 

But I'm rather confused on how to word this without bringing attention to the fact it wasn't parked in a bay during restricted hours.

 

Any help is much appreciated it's Newham council if that helps at all.

[Michael Browne]

It would depend on the wording of the signage. Often it used to be restricted to term time only, but most councils have removed that and added a single yellow line, as in your case, so that the RPZ restriction times apply regardless of whether it's term time or not.

[adhkar]

thanks for your speedy reply.

 

the CEO hasn't included parked outside a marked bay during restricted hours in the PCN so i'm assuming they can't use that later on in the appeal process.

 

i've just found on the council website hidden away the following in the parking and policy procedures booklet:

 

4.12.3 All keep clear markings outside of schools will operate from 8am to 5pm Monday to

Friday, to standardise the operating hours across the borough and to cover school

times and after school and holiday clubs. The enforcement of keep clear markings will

be relaxed during school holidays, subject to there being no events taking place at the

school or dangerous parking.

 

as it is half term for our borough i'm hoping if i bring the above to their attention then i should be in the clear.

 

any advise on how to go forward with this would be much appreciated thank you

 

i'm hoping to appeal with the following letter

 

To whom it may concern,

 

I received a PCN for contravention code 48:

 

“Stopped in a restricted area outside a school, a hospital or a fire , police or ambulance station when prohibited”

 

I would like to appeal this PCN on the following basis from the councils own parking and policy procedures booklet.

 

4.12.3 All keep clear markings outside of schools will operate from 8am to 5pm Monday to Friday, to standardise the operating hours across the borough and to cover school times and after school and holiday clubs. The enforcement of keep clear markings will be relaxed during school holidays, subject to there being no events taking place at the school or dangerous parking.

 

I would like to bring to your attention that the contravention occurred during school holidays when the school is not in use and neither was there an event causing the parking of the car to be dangerous or an obstruction.

 

I hope this information will suffice as my appeal and that the PCN will be cancelled in good faith.

 

 

do i need to add any further info to it?

 

Any input by someone more knowledgeable than myself would be much appreciated

[Homer67]

In case you haven't already sent that appeal I would say just get it sent. It is reasonable enough and as the council haven't included the SYL contravention you might get away with it.

[adhkar]

Thank you I haven't sent it yet as I need to print it out but I think I'll stick with it too. Appreciate your advice though.

[adhkar]

Forgot to update this thread. I got a reply back from the council stating that as they'd missed the 60 day or so deadline to answer appeals they have cancelled the pcn. they didn't allude to whether they'd issued it correctly or not though.