Single yellow line rules on signage

[ajjm]

Hi,

Unfortunately a relative in my car parked on a Sun night (7pm-10:30pm) on a single yellow line.

Lots of other cars parked there.

He couldn't see a sign on his side of the road.

 

On his return there was a civil enforcement officer giving him a ticket.

The nearest sign (showing restriction 7am-midnight every day) was about 150m away (he agreed that distance with the CEO who said he'd note that down - not sure where).

 

I can't find the rules of how close signs need to be but am hoping this has breached those rules!!

Advice gratefully received.

Thanks

[Jamberson]

Not really. The signs have to go where they are practical. Every single yellow should have a time plate, and the motorist has to look for it - you can just say you couldn't see it. If it's there, and I assume the CEO took a photo of it, then the driver has neglected his obligation to find out what the restriction is before parking.

 

The only way you might be able to argue this is if the sign is next to a separate stretch of yellow line - eg, separated from the one he parked on by, say, a road junction or a parking bay. Every individual stretch of line needs its own sign.

[ajjm]

Thanks for that, very helpful

[ajjm]

Hi,

One more quick question. I was looking again at the ticket and the image evidence. The photos were taken at 22:03 and 22:06. The ticket just says that the car was observed from 22:04 to 22:04. Presumably one is  allowed a few minutes grace to actually park and look for the sign? The contravention is code 01.

Should the ticket show a period of time between which the car is observed and if so how long?

I’m hopeful the ticket might be cancelled on a procedural error!

thanks

[Jamberson]

Was there a loading ban in place? Or any other restriction which might complicate matters?

 

Please could you tell us the exact location the car was parked?

 

Basically you should be given an observation time on a single yellow. Without it, you would have grounds to argue the case, but it's not a slam-dunk winner. Maybe if we can be sure there was just a standard single yellow restriction in force, then that will clarify matters.

[ajjm]

Thanks again. 
It was on East End Rd Finchley . The council PCN viewer says

Street EAST END ROAD Location No waiting Contravention Code 01

Does the no waiting mean you don’t even get a minute to check the signs? 
The sign that was 150m away doesn’t have any thing unusual about it - the regular red circle filled with blue with a red line across and the restricted times underneath. 
I don’t live in the area but could get someone to check for any other markings if needed.

many thanks 

[Jamberson]

Yes you are entitled to a grace period, but not for checking signs. However there are other reasons and so you should be given an observation period, typically five minutes.

 

I was hoping to see the exact spot on Google Street View, to be certain what the restriction was and that you had been issued with the correct contravention code, but East End Road is very long. Do you know exactly where the car was parked?

 

If not, you can still appeal, but the more knowledge we have up-front, the better.

[ajjm]

Thanks again

The car was parked between the section of East End Road between the junction of Windermere Ave and Manor View. It was on the opposite side of the road to the junction with Windermere Ave and much closer to that road than the roundabout where Manor View is.  The nearest sign was on lampost marked 14 outside 23 East End Rd.

Hope that makes sense!

[hello12345]

Having a look at street view the signs are 8am to midnight there seems to be quite a few one is near the corner of Windermere ave opposite the long row of conifers. I think the google street view I'm looking at is 2019 capture date.

[hello12345]

There's also a sign on the side your friend was parked at the end of the row of conifers by the looks of it presuming nothings changed since the capture date

[Jamberson]

Judging by the photo and your description, it's a standard single yellow, so the contravention code is correct. It does say until midnight. I would say the signage is just about adequate, and there's a sign on that unbroken stretch of line.

 

I don't see any loading restriction.

 

You have exemptions for stopping on a yellow line: letting passengers in or out (which includes helping them to or from a house) and for loading/unloading and associated activity. That's why an observation period is necessary, and usually you will be given five minutes to allow you to return.

 

My understanding is that the observation period is discretionary, but so universally applied as to be expected. I woud recommend you appeal on the lack of observation period. The driver may well have been doing these activities - I don't know, and neither did the CEO, so worth a try.

Edited January 22, 2020 by Jamberson

[ajjm]

Great thanks, I'll give it a try and will come back here to let you know if it was successful!

[ajjm]

Thanks for the help. Unfortunately, as predicted, the council refused the appeal - I received the following response:

 

The Civil Enforcement Officer (CEO) observed your vehicle parked in a restricted street during prescribed hours.

The restrictions are marked by a single yellow line. This is an instant contravention.

 

I have noted your comment advising that no observation period was given to you before the PCN was issued.

Regretfully, I am unable to cancel the PCN based on the circumstances you have described.

 

If a CEO observes a vehicle parked in contravention of the restrictions in place, a PCN may be issued without any observation time given. The CEO is under no obligation to wait.

 

The onus is on the driver to ensure that their vehicle is parked in accordance with the restrictions at all times.

This restriction is enforced between 8am - Midnight.

 

As the vehicle was parked within the restricted times, the PCN was issued correctly.

It is the responsibility of the driver to ensure they are familiar with and to comply with the onstreet restrictions in place.

If this cannot be done for whatever reason, alternative parking should be sought. 

 

Seems rather harsh on a very wide London street on a Sunday eve but there it is.

A lesson learned for my son!

 

[hello12345]

If your car breaks down on yellow lines you can get away with it,  but you need prove off the AA  ect.

Edited January 30, 2020 by hello12345

[spaceman61]

On 30/01/2020 at 21:37, hello12345 said:

If your car breaks down on yellow lines you can get away with it,  but you need prove off the AA  ect.

 

Sorry, but where does the OP say the vehicle had broken down?