No signs/ leaves covering lines - PCN complaint?? Meadow Close, Richmond TW10 7AJ

[Will Goodfellow]

On the other hand it could be argued that you kicked the leaves over the yellow lines after moving your car which to be honest was my first thought when looking at the photos. Good luck anyway.

[HP Mum]

Will - You mean that's what you would do??

 

Why would I park on double yellow lines knowing I wasn't returning for a couple weeks?   Of course i didn't kick them afterwards 

[Jamberson]

The CEO may have kicked them to show why he was issuing the PCN. Basically, the leaves were covering the lines when you parked, and when you collected the car at a later date. If there are three sets of photos showing the state of the road between those two dates, I would want to see them all - if just one shows the lines not visible, I think it would strengthen your case.

 

Anyway, if you have appealed already, it's a case of wait and see for now.

[HP Mum]

I have had a reply.  One reply re all 3 tickets.

 

In essence - the council acknowledge that "the yellow lines were almost impossible to see" in the images I took on the day I collected.   Though they argue that yellow lines are visible in the ceo photos.

They continue that as the car was not moved for 2w they understand I would not have seen the first ticket and thus would not have known to move it.

They maintain there is no evidence that leaves were covering the lines on the day I parked.   Thus they are "unable to cancel the first pcn".

But they will excercise discretion and cancel the other 2 tickets.

 

I now have a choice:

pay the discounted rate for 1st pcn by end next week / case closed

or

wait for Notice to Owner to be issued for full amount - following which I can make a formal representation against the 1st pcn and then, if appeal rejected, appeal to an adjudicator.   Obviously pcn rate will be full price and charges may be incurred

 

 

[Michael Browne]

Adjudication would be a risk. The prime evidence would be the councils pics taken at the time of the contravention and these do show DYL's (admittedly worn). Whether an adjudicator would find that they were insufficiently clear is anybody's guess. Personally I'd take the discount, but it's your money if you're prepared to gamble.

[Jamberson]

I'd pay it. You've had three PCNs reduced to half a PCN. That's a result in my book.

[Manxman in exile]

HP Mum - I'm not sure if I'm confusing you with another poster, but does the council in question have a physical address for you as opposed to just an email one? 

 

It's just that for some reason I'm thinking you may have no fixed address(?) - and that might be a problem if you don't pay the first PCN and the council escalates enforcement.

 

Oh - and just to add for future reference - there is virtually no "free" onstreet parking in London, anywhere.  If there are no signs at the side of the street you need to ensure there are no double yellows - not just assume there aren't

[HP Mum]

Manxman - you are kind of correct!  Temp nfa but everything still registered at previous address and on divert to a mailbox, so all good with receiving notification.    Where I parked is definitely free on-street parking - apart from 2 sections which are signposted clearly for residents parking and the one stretch of road - a bit longer than one car - which is for some unclear reason DYL and not signposted at all -  and that is the spot where I parked because leaves were covering the DYL!

 

Upon reflection I think it best to pay the discounted rate and move on...

[Manxman in exile]

Good.  I remember wondering when you started this thread back in November whether a fixed address might be an issue for you.

 

I think when I looked at your photos back then I thought you may have been parked at the end of a cul-de-sac and the lines were to preserve somewhere for people to turn around.

 

I think if they've cancelled two tickets and you can get the initial one at the discounted rate, it makes good sense to pay.

 

Good luck with the other threads

[HP Mum]

paid the 1st ticket at discounted rate (which still hurt) and now moved on...

Thanks for the help everyone x

[notodebt]

That's great news...glad you got it all sorted...