Should I dispute this PCN?

DaffyDuck_2

Advice please on a PCN I recently received for "parking in a restricted street during prescribed hours"
I have been parking on a grass verge against a hedgerow for months, nearly a year, while at work when out of the blue I get a ticket one day at 14:27 hrs. There were always other cars on the grass in the morning when I arrived but I don't know if there were any others with me when the CEO called by. There is a double yellow line on the road bordering the grass verge but this is worn so has broken sections and no T-bar at the end. There are no yellow signs anywhere in the vicinity showing the prescribed hours. I was not aware that a double yellow line on the road would also apply to the grass verge. I have made an informal and formal appeal to the Council but apparently they are sending me an NTO so that I can take it to the adjudicator. I am now parking elsewhere but what is really annoying is that the verge is only about one mile from the Council office that issued the PCN and I notice every day when I pass by just before 9am and after 5pm that cars are still parking on the grass. It would appear the CEO checks once in a blue moon! I have requested a copy of the Traffic Regulation Order for the area but the Council say I can view it at their office or purchase a copy. I know the adjudicators can throw out an appeal on the broken yellow line excuse, but do you think I could win on being victimised, why are others still getting away with it? I have photographic evidence.
Would appreciate your thoughts:(

anewman

Contravention did not occur. If they wanted to give you a PCN it should have been for parking on the grass verge, not parking in restricted area during prescribed hours. I wouldn't go on the yellow line issue as you were not parked on them.

It may be that there is a sign on entry into the restricted zone like this http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=Shannon+Street,+Leeds&sll=53.796771,-1.50574&sspn=0.050797,0.169086&ie=UTF8&hq=&hnear=Shannon+St,+Leeds,+West+Yorkshire+LS9+8SS,+United+Kingdom&ll=53.796861,-1.52504&spn=0.00635,0.021136&t=h&z=16&layer=c&cbll=53.797779,-1.527391&panoid=h9-b7n6JVGvU0b37PzoCnA&cbp=12,255.57,,0,5 I have quite often seen cars there on the grass verge ticketed, but not certain under what basis. It may be that the sign there means parking in that zone regardless of double yellows is something you can be given a PCN for.

DaffyDuck_2

Thanks for your advice, there are no signs whatsover of any shape or colour in the area stating any restriction.:)

TheBogsDollocks

A double yellow line can apply to a grass verge as the "No Waiting At Any Time" restriction applies to a side of road. Road being any land where the public can pass and repass without hindrance.

Can you google streetview link us to the location as there may be other avenues such as the condition of the lines etc.

Losttime

anewman wrote: »

Contravention did not occur. If they wanted to give you a PCN it should have been for parking on the grass verge, not parking in restricted area during prescribed hours. I wouldn't go on the yellow line issue as you were not parked on them.

I have quite often seen cars there on the grass verge ticketed, but not certain under what basis. It may be that the sign there means parking in that zone regardless of double yellows is something you can be given a PCN for.

If there isn't a footway/verge contravention (62) in the Orders then a 'Parked in a restricted street during prescribed hours' contravention (01) would stand if there are double yellow lines DYL or single yellow lines SYL, if the SYL was in time. A DYL doesn't need a plate. A SYL needs a plate if not in a Controlled Parking Zone. DYLs and SYLs normally go up to building boundarys or other boundarys so parking on footpaths or verges can be covered by the 01 contravention. Maybe the area hadn't been in force due to a technicality in the orders and had only been back to enforce recently.

DaffyDuck_2

Sorry, I don't know how to do the street link. The yellow lines are worn so there are several breaks in the line and no T bar on one end.