Fine for Parking on single yellow line

manutd99

sarahg1969 wrote: »

I wasn't saying loading/unloading was irrelevant. That poster believed that you should just pay because you have been ticketed. She was saying you shouldn't have been loading/unloaded, and were banged to rights. I was saying that, considering the ticket is unenforceable anyway, her argument is irrelevant. I do know the law. You have simply misunderstood my post.

Yes, you are correct about loading and unloading.

Anyway, as Neil B has explained the ticket is invalid because of the dates issue (he has offered to explain more fully to you), so you now have two angles to attack this ticket from.

I apologise sarah. I did misunderstood what you said. so sorry for having a go at you

manutd99

Neil_B wrote: »

Ok here goes.


the law requires them to tell you quite simply "28 days beginning with the date on which this PCN is served" They do actaully get this right but hard to read that image.
They then add a date (not required) presumably trying to be helpful. They get the date wrong. 28 days refers to 'dates' i.e changing at midnight.
Effectively they add a day.

does that help?

Yes it does help.Thanks

Has anyone been successful that you know by stating these facts. Were they successful by sending an appeal or did they have to go further?

Neil_B

manutd99 wrote: »

Yes it does help.Thanks

Has anyone been successful that you know by stating these facts. Were they successful by sending an appeal or did they have to go further?

That is a very good question!

Apart from a landmark adjudication case i have to say that I don't know of any.

Don't let that put you off. I'll explain.

At Council level yes lots of these are cancelled - they never concede the legal point though. This is why we open up the other avenue for them - which in your case is legitimate anyway - loading. They often take that 'out' option.

Of those that don't, either appellants have succumbed and taken the repeated offer of a discount made as an incentive - OR - for those that proceed to Adjudication >>>>
What most commonly happens is that the Councils fail to contest at the last minute. i.e. it appears they are just seeing what bottle you have. Both national and London Adjudication services made comment about this practice in their last annual reports.

For your case so far, remember that you are only at an informal challenge stage. This may or may not get a response but often that response itself can be useful.
Most importantly you need to consider if they are likely to re-offer the discount period if they reject (and they probably will). It is not compulsory but it will say on the PCN (Ican't read the back).

After that, if rejected, you get a Notice to Owner and make a more formal appeal that is theoretically dealt with by someone slightly more senior than the original tea lady - possibly as high as the postboy!
If rejected again you aplly to the Adjudicator. At some point, depending on their mood (I kid you not) you will lose the right to pay at discount and will be fighting for the full amount. No extra costs are involved though.(very rare exceptions).

I'm off to check the cases I last saw to see how they progressed - but having real bad cnxn probs today.

hope that helps.

Former_MSE_Andrea

As it says at the top of the forum anyone can post anything on here. At the same time, though, please remember to keep it friendly.

It's worth having a look at the Parking Ticket appeal articles on the main site, which have been fully researched.

Thanks!

Andrea

manutd99

Neil B. Your posts have been very useful so thanks

Does anyone have a template letter i could use mainly to with the dates issue as want a professional explanation. Something they might have used previosly and if someone has loading template thats bonus. Any template should do so have an idea what to write.

Thanks

Neil_B

I would never recommend using any kind of template letter. All situations are individual.
For your loading circumstance just explain that in your own words and get that written statement from your friend. It doesn't have to be brilliant - it's going to a bunch of idiots anyway!

I'll knock up a quick couple of sentences for the rest - but maybe a day or two - v busy.
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mark13

Good luck. Though I do think if you parked on the line and you knew it was a yellow line, you take the risk.

Neil_B

mark13 wrote: »

Good luck. Though I do think if you parked on the line and you knew it was a yellow line, you take the risk.

Here we go again! Why? He did nothing wrong!
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manutd99

I am wanting to appeal on as many grounds as possible. So in regards to the broken line. What is the law?

Does someone have an extract of the law itself that the line has to be contionous. Been searching on google but cant find it.

Also about the dates. I received ticket on 24/01. Should 14 days be 06/02 and 28 days 20/02?

Neil_B

It will probably be in TSRGD 2002 somewhere. Link through DfT site - see right hand side.
Better to wait and see if Bogsdollocks sees this and comments. he will probably know.
Generally though, it is a matter of interpretation.

If you use that you would have to word it carefully - otherwise you are contradicting the claim of loading where the lines have no relevance anyway!

I suppose you could put it to say that whatever the circumstance a PCN should not have been issued anyway.

I'll get my part done when I can. still a bit pushed.