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Hello,

 

Would appreciate if someone could help me.

 

I received a PCN for parking in a restricted road in prescribed hours,

the road I regularly park down, and is not a restricted zone.

 

However, I noticed after checking my car that I was parked on double yellow lines that were covered in leaves on the ground.

The car behind me was not on double yellows and I believe only the front of my car was on the double yellows.

 

These are the pictures of my car.

Is it worth appealing? If so what do I say?

 

Thank you!

C1C4630A-1E40-4642-9909-015A8EE82F35.jpg

BDD2E1C4-F5DC-42B6-A1B1-E604F895A163.jpg

213290D7-8B98-4767-B421-EBCC55F6AFC5.jpg

Edited by dx100uk
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The first picture is the best, although I would have taken one from the front as CEO do.

If lines are not visible you have very good grounds for appeal, especially as it seems there's no vertical signage nor marks on pavement, so impossible for a motorist to know about the yellow lines.

I would go all the way.

Councils usually reject all appeals as standard.

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Thank you for your response! Do you have an idea on wha wording I should use to appeal? Also, the contravention states ‘being in a restricted zone during prescribed hours’ however that’s not actually what’s happened here, it’s the double yellow lines.

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One more point of appeal then.

You should state:

The contravention did not occur for the following reasons:

Prescribed hours do not apply at time and date of alleged contravention.

 

If they don't mention the double yellow lines leave them out.

What restrictions are on this road?

Time and days?

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In other words it's free parking.

So don't mention the double yellow lines, simply the contravention did not occur.

The CEO pressed the wrong button and messed it up.

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Thank you, my only worry is that the parking officer took photos of the yellow lines that were uploaded after, but the contravention still didn’t occur

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He didn't book you for double yellow lines, he booked you for parking in a restricted zone during prescribed hours which is not correct.

Too bad for his commissions.

They will not cancel the pcn because they never accept any appeal, but then you will win hands down at adjudicator stage which is the next step of appeal.

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This is nonsense advice.

 

"Parked in a restricted street" - code 01 - means double yellow lines. The yellow lines are the restriction.

 

Double yellows do not need "vertical signage" or marks on the pavement.

 

CEOs do not get paid commission. It's nothing to do with "free parking".

 

The contravention DID occur because you contravened the Traffic Order - unintentionally perhaps, but you were still in contravention. If you take the advice and appeal on the grounds that no contravention occured you are certain to lose.

 

You may win an appeal on mitigating circumstances, but the odds are against you. There is an expectation that motorists check what the restriction is - simply not seeing it will rarely win, and to be honest, the idea that you will win hands down at adjudication is ludicrous. You are very unlikely to win if it gets to that stage.

 

Your best bet is to write a polite letter to the Council, explaining the situation and asking for a discreationary cancellation. If they refuse, I would pay the discount at that stage if I were in your position.

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My mistake, it's a code 01, so above comment is correct.

Appeal on the basis that lines were not visible.

You can't see what's not there, if signs are covered in foliage it's not up to the motorist to sweep the road to find them.

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