Please help! Unfair ticket given for wrong reason

Midgetgema

Hi there, please can someone help to see if I'm fighting a losing battle. Basically I got a ticket from hounslow council saying I had parked in a restricted area during prescribed hours. Firstly the sign that stated this was 7 houses down the street from we're
My car was parked with a 5ft line to establish this (probably for the newsagents to stop people parking there) but it does not specify he whole street as there are no lines continuing. Secondly I live on that street and my car was parked outside my house. Residents here don't need permits to park here. However I must hold my hand up as say that my back bumper of my car was parked inches on a double yellow line that starts to a corner, obviuosly not to park on the corner. But they are fining me for the above, parking in a restricted street during those hours. Not parking on double yellows.
I have informally challenged this and that have refused saying I was parked on double yellows. So I said of like to take this further and they have still redused. So after reading this site, where do I get a notice to charge form from so I can go further. As I see this ticket as being invalid for the wrong reason. They can't just fine me for something else surely!!!
Please help and let me know where I stand. I can paste in the emails if it helps.
Thanks x

sarahg1969

You need to go here: http://forums.pepipoo.com/index.php?showforum=30 for some further assistance.

You'll have to post up the whole ticket, together with photos of any lines and signs, and someone will be along to advise you.

Midgetgema

Ok thank you. I have the ticket in London as I am up north visiting family.
I have no photographic evidence myself, but have been told by the council they have, so that's why they've probably decided to fine me the the double yellows. Which again, is not what I was getting fined for in the first place. I have noted the sign which says mon-sat 08.30-18.30. It was a sat at 16.30 it was given. However I still beleive it was given in error, otherwise the whole street would have had the same tickets.
I shall go on that link now and have a look. Should I still not pay and wait for the notice to arrive??

peter_the_piper

Do not be misled by "the whole street" bit, its not important to your case and would carry no weight. The only things that matter are times, signs, lines and the traffic regulation order TRO and things like that.

Coupon-mad

Midgetgema wrote: »

Ok thank you. I have the ticket in London as I am up north visiting family.
I have no photographic evidence myself, but have been told by the council they have, so that's why they've probably decided to fine me the the double yellows. Which again, is not what I was getting fined for in the first place. I have noted the sign which says mon-sat 08.30-18.30. It was a sat at 16.30 it was given. However I still beleive it was given in error, otherwise the whole street would have had the same tickets.
I shall go on that link now and have a look. Should I still not pay and wait for the notice to arrive??

I wouldn't pay a Hounslow windscreen PCN. Definitely continue to appeal as your chances of winning are pretty high.

They have a wording flaw. Ask pepipoo about it when you start your own thread there - pepipoo are aware of several adjudications finding against Hounslow when a clued-up motorist cites the wording flaw. Hounslow have known about it for well over a year but still used the same PCNs last time I saw one posted.

AlexisV

Parking on a restricted street during prescribed hours IS parking on double yellow (or single) lines.

Double yellow lines = restrictions apply 24/7
Single yellow line = restrictions apply during the times signposted

If any part of your car is overhanging a double yellow line, and you weren't loading or unloading, you commit the contravention known as 'parking on a restricted street during prescribed hours'.

Midgetgema

Even though parking outside my house during them hours without the need of a permit??
How can it be justified that reason for double yellows?? It should clearly state parking on double yellow!! The sign is only indicated in the marked line it stands by yards away from my house. And I've never had the problem before.
I can't find anywhere where it says double yellows mean parking in restricted area....
Please can you find me the link that explains it, even when I have asked them to justify they just said they are declining without a reason.
Hmmmm. Just confused. And annoyed!

esmerobbo

The lines or signs show the restriction as Alexis explained. There is no offence of "Parking on double yellow lines" the offence is 'parking on a restricted street during prescribed hours'. The prescribed hours are 24 hours, 7 days a week for a DYL!

You either have an unrestricted street = park anywhere. = No ticket

Or a restricted street = park as instructed by the markings or signs. = Ticket for 'parking on a restricted street during prescribed hours'. if you don't follow the markings or signs instructions!

However as Sarah and Coupon Mad say post on Pepipoo as the PCN could be flawed!

give_them_FA

You must correct me if I am wrong, but in researches I did once into appealing a PCN I seem to remember reading that where the contact with a double yellow line is marginal, it is judged by whether the wheels are lawfully parked and the overhang of the car body is not taken into account.

But in any case, take it to Pepidoo as if there is anything wrong with the PCN it will generally invalidate it as the terms for it are prescribed by law.

Coupon-mad

There will be something wrong with the PCN, I doubt Hounslow have bothered to correct the wording flaw as they hadn't from 2010 to 2011.