PCN Appeal: Which grounds?

therivierakid

I received a £70 PCN on Friday 10th April from Weymouth & Portland Borough Council. It says that the CEO had reason to believe that Contravention Code 01 had occurred: parking in a restricted street during prescribed hours

I'd like to appeal it but I'm not sure which grounds to appeal on. I have two possibilities...

1. It was on a single yellow line which was broken. I took the following picture of the line that my car was parked on:

http://yfrog.com/0610042009230j

2. The sign, which was about 20m down the street, was tiny. I didn't measure it but I'm sure it was less than a foot wide.

http://yfrog.com/0a10042009231j

The hours are 10 - 6 on the sign and the PCN was issued at 1733.

Should I use both grounds?

Also, should I send off a cheque for £35 (the reduced amount if paid within 14 days) with my appeal letter and mark it "Paid under Protest"?

Thanks.

pogofish

Looks like you may well have good reason because of non-compliance with the TSRGD - Did you also clock the end of restriction markers at each end of the run and any other major damage. If they are as worn (or wrong) it would only strengthen your case further.

http://www.opsi.gov.uk/si/si2002/20023113.htm#sch6

Is that sign really set back on private property? Hmm? Otherwise, on brief inspection, it looks reasonable, if a little bit high.

Do not pay anything just now as you will effectively "admit" the transgression by doing so.

Make your challenge and only pay on the outcome, if you don't take it further. IME Most authorities will suspend your "discount" period till you get the decision. So for that reason, you need to keep copies and use at least recorded delivery to confirm your timescale.

In the meantime, get your ticket scanned, both sides & remove personal details/number etc as others will want to look at it from the wording angle, which may well be wrong too.

therivierakid

Here it is:

http://yfrog.com/09pcn1j
http://yfrog.com/09pcn2j

TheBogsDollocks

The condition of the yellow line is unlikely to help you. It's not perfect but it is clearly visible and it is likely an adjudicator will determine that it is clear enough to convey the restriction.

The sign complies with the legislation and only needs to be placed every 60m.

This means that you must rely on errors in the PCN, ( I did not spot any after a cursory glance) Traffic Regulation Order or in the CEO's log book. I suggest you obtain copies to check them them.