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CODE 01: 'Parked in a restricted street during precribes hours'
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# 1
timmy tickets
Old 10-04-2011, 4:33 PM
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Default CODE 01: 'Parked in a restricted street during precribes hours'

Hello Readers.

Ill keep it brief, I need some advice on how to get out of the parking ticket.

I parked my car on a grass verge next to a pavement, which was next to a road that has double yellow lines down it (hope your with me so far) My wheels were only on the grass verge and not on the pavement...

Me beef is that in the penalty charge notice it says 'Parked in a restricted street during precribes hours' but there where no signs telling me when the parking was restricted.

I have read various articles and kind of accept that the double yellow lines are applicable until an 'edge boundary'. So maybe the ticket was correct for that.

does anyone think I have grounds for an appeal based on the precribes hours line???
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# 2
Orford
Old 10-04-2011, 5:00 PM
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DYL apply 24/7 and do not need timeplates
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# 3
TheBogsDollocks
Old 10-04-2011, 7:24 PM
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Which council served the PCN?
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# 4
timmy tickets
Old 10-04-2011, 9:29 PM
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Default Harrogate borough council

it was harrogate borough council
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# 5
timmy tickets
Old 10-04-2011, 9:32 PM
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Orford: i understand that double yellow lines don't need time limits. However I have been thrown off course by the "during precribes hours" quote from the ticket!
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# 6
Orford
Old 10-04-2011, 10:08 PM
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Quote:
Originally Posted by timmy tickets View Post
Orford: i understand that double yellow lines don't need time limits. However I have been thrown off course by the "during precribes hours" quote from the ticket!
The prescribed hours with SYL may be for example, 8.30am - 6.30pm, with DYL they are at anytime and 01 covers both possibilities.
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# 7
Coupon-mad
Old 10-04-2011, 10:11 PM
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It's 'prescribed hours' and may relate to a Controlled Parking zone (CPZ) there?

Post pics of both sides of your PCN like everyone else does, on pepipoo forums:

http://forums.pepipoo.com/index.php?showforum=30

Read the FAQs and stickies and some other threads to get the hang of the forum, then register and post your pics. Can you also get a picture of where you parked? Also can you check if it's in a CPZ? Don't suppose you were loading/unloading?

Pepipoo get most people off most Council PCNs, definitely worth a try.
Ticket in a private car park in England/Wales?... DON'T PAY IT BUT DO NOT IGNORE IT EITHER AS THE ADVICE HAS CHANGED A YEAR AGO!

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.
Do NOT read older advice to ignore, unless it was in Scotland or NI.
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# 8
TheBogsDollocks
Old 10-04-2011, 10:24 PM
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You can use the appeal below, it is based on Harrogate's TRO definitions.

http://tro.parking-adjudication.gov.uk/files/HA09.pdf

Dear Sir/Madam

The alleged contravention did not occur. The traffic regulation order fails to define what a “restricted street” is and it does not prescribe that it is a contravention to park in a restricted street during prescribed hours.

Contravention code 01 was originally devised by the London Councils and reflected the fact that London council’s traffic orders made specific reference as to what is to be considered “restricted street”. This can be seen in the example below (for reference, Schedule 1 concerned No Waiting restrictions);

“restricted street” means any street within the London Borough of Lewisham specified in Schedule 1 (hereinafter referred to as a “scheduled street”) and includes, except where the context otherwise requires, so much of every other street within that London borough which is not a scheduled street or a street specified in Schedule 4 and which joins any scheduled street as lies between the kerb line of the scheduled street and a point 18.29 metres distant therefrom and any reference in this order to any restricted street shall be construed accordingly, provided that the expression “restricted street” shall not for the purposes of this order include–

(a) any area on a highway or any place within the London Borough of Lewisham for the time being designated or described as a parking place by any order made or having effect as if made under section 6 or section 45 of the Road Traffic Regulation Act 1984;

(b) in its application to a street specified in column (2) of Schedule 5, that length of street which extends 18.29 metres measured in the direction specified in column (3) of that schedule from the kerb line of the scheduled street specified in column (4) of that schedule, and in this definition the expression “kerb line” in relation to a scheduled street shall mean that imaginary line which is the projection of the line formed by the edge of the main carriageway of the scheduled street adjacent to its junction with the side in question of any other street;

(c) any length of street designated as red route;


The London boroughs would not go to the trouble of taking great care to specifically define what is a “restricted street” if it served no purpose and was unnecessary. Without a traffic order defining “restricted street” then it is reasonable to apply common language. The commonplace definition of “restricted” is thus; “place limits on, confine, restrain”. Therefore, in essence, the PCN informed me that I parked in a street during hours that the street is subject to parking restraints. It does not however inform me of how the vehicle contravened a particular parking restraint or even what parking restraint was contravened. It is highly important to note that not all parking restrictions prohibit parking (eg: parking place restrictions) and so parking in a restricted street during prescribed hours is not a contravention by default since it can be lawful. It is only a contravention if the traffic order is drafted correctly in the manner exampled above.

A street is often subject to a number of differing parking restrictions. For example, one particular parking bay in a street may be restricted to permit holders only between the prescribed hours of 9am to 6pm while another parking bay may be restricted to Pay & Display between the prescribed hours of 8am to 6pm. However, a person who lawfully parks their vehicle in ether bay during the prescribed hours is doing just as my vehicle was also doing, that being, “parked in a restricted street during prescribed hours”. Quite simply, the ground stated on the PCN is not fit for purpose since it does not distinguish between a vehicle that is lawfully parked in a restricted street during prescribed hours and one that is not.


The use of this equivocal ground is potentially prejudicial as a person may prepare an appeal focusing on a parking restriction that is not actually relevant to the reason why the PCN was served. For instance, many PCN’s are served upon vehicles that are parked partly in a parking space with either their front or rear end slightly overhanging an adjacent single or double yellow line. Often where this happens a PCN is served upon the vehicle for being “parked in a restricted street during prescribed hours”. However, due to the diverse meaning in plain English of this ground, the recipient of the PCN may wrongly but reasonably assume that they contravened the parking place restriction rather than be aware that they fractionally infringed upon the “No Waiting” yellow line restriction. In the interest of justice a person needs to easily comprehend why their vehicle was not considered lawfully parked so that they can either avoid doing so again or gather the relevant evidence for any subsequent appeal.

It must also be remembered that the ground on the PCN will be repeated on the NtO and the owner may not have been the driver. Therefore, unless an NtO is accompanied each and every time by adequate photos of the signage, the owner when applying common language will not be able to deduce with certainty what parking restriction the expression “restricted street “concerns and was allegedly contravened. The general principles of law dictate that a person should not have to decipher the ground stated on a PCN or guess what restriction was allegedly contravened; it should be unequivocal. In a day and age when the UK is host to a wealth of visitors and residents whose first language is not English and when central and local Government both readily advocate the use of plain English on all public forms and documents it is nonsensical to use language on a PCN that is ambiguous or may require a person to refer to the glossary of a far away traffic order to gain a degree of understanding of what they allegedly did wrong.

The council may be using the standard contravention codes but it should be remembered that these contravention codes have no statutory authority and cannot be relied upon as a defence as made clear in the key adjudication case between Metrick v Camden (Case no 207034396A).

I find the ground of “parked in a restricted street during prescribed hours” to be unsupported as a parking contravention prescribed by the traffic order. The order may prohibit waiting in certain lengths of road at certain times but the order does not define and correlate waiting restrictions with being "restricted street" nor does it define and correlate what is considered "prescribed hours". It is critical to remember that the purpose of a PCN is to encourage people to park lawfully, so it stands to reason that a person needs to know precisely what they did wrong in order to avoid doing so againThe ground given on the PCN is ineffective in conveying what I allegedly did wrong and as such it does not satisfy paragraph 1(e) contained within the Schedule to “The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and the penalty charge should be cancelled forthwith rather than drag this matter to adjudication.

Yours with love, hugs and kisses.

Last edited by TheBogsDollocks; 10-04-2011 at 10:30 PM.
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# 9
timmy tickets
Old 11-04-2011, 7:56 PM
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TheBogsDollocks: thank you for your message, thank you to all of the messages. you have all been helpful.

I have drafted a letter, mostly from TheBogsDollocks template above. I will let you all know the outcome!!

lets hope!!
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# 10
timmy tickets
Old 23-04-2011, 6:28 PM
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Default Appeal Loss!

Hello Readers of my case;

Unfortunately I had to pay the fine, of 35 (50% off within 14 days) thank you for all your help. If any of your would like to read the letter of reply. please email me and ill send you a pdf copy!

tim_grocott@hotmail.co.uk
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# 11
taffy056
Old 23-04-2011, 6:43 PM
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Quote:
Originally Posted by timmy tickets View Post
Hello Readers of my case;

Unfortunately I had to pay the fine, of 35 (50% off within 14 days) thank you for all your help. If any of your would like to read the letter of reply. please email me and ill send you a pdf copy!

tim_grocott@hotmail.co.uk
They turned down your appeal yes, but they mostly turn all informal appeals, your next step would have been a formal appeal and adjudicator with help from the guys at peppipoo , by paying you have admitted guilt and you can't go to the next step!

You should have heeded the advice given!
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# 12
Coupon-mad
Old 23-04-2011, 8:28 PM
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Quote:
Originally Posted by timmy tickets View Post
Hello Readers of my case;

Unfortunately I had to pay the fine, of 35 (50% off within 14 days) thank you for all your help. If any of your would like to read the letter of reply. please email me and ill send you a pdf copy!

tim_grocott@hotmail.co.uk

You did not have to just roll over and pay the fine! The Council called your bluff and you fell at the first hurdle!

You just got your informal appeal declined - almost everyone does!
Ticket in a private car park in England/Wales?... DON'T PAY IT BUT DO NOT IGNORE IT EITHER AS THE ADVICE HAS CHANGED A YEAR AGO!

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.
Do NOT read older advice to ignore, unless it was in Scotland or NI.
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# 13
Tilt
Old 24-04-2011, 3:35 PM
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Would of been usefull to tel us the location so we could of taken a look. The DYLs would apply to the pavement and any adjacent verge which is maintained at the public expence until it reaches a boundary with private land (i.e. a fence, wall or hedge).
PLEASE NOTE
My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
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# 14
taffy056
Old 24-04-2011, 4:03 PM
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Quote:
Originally Posted by Tilt View Post
Would of been usefull to tel us the location so we could of taken a look. The DYLs would apply to the pavement and any adjacent verge which is maintained at the public expence until it reaches a boundary with private land (i.e. a fence, wall or hedge).
Too late for that as the OP admitted his guilt by paying, so game over once done so.
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# 15
hoppysep76
Old 15-12-2011, 6:41 PM
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Talking Parking in a Restricted street during prescribed hours

I have recently used the above letter to reply to my local council for a PCN issued and it worked a treat no arguing or having to go any further cancelled straight away, everyone should try this it just goes to show they are all robbing B*#*ards.
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# 16
bexr100
Old 05-09-2012, 11:05 AM
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Do you think this letter will work for my car overhanging some double yellow lines?
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# 17
taffy056
Old 05-09-2012, 11:24 AM
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Quote:
Originally Posted by bexr100 View Post
Do you think this letter will work for my car overhanging some double yellow lines?
Can you post your question into a new thread, this is from almost 18 months ago - thanks
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