PCN issued by Council (windscreen)

jugeshm

Hi there. Newbie here after some help. I've read some of the sticky posts, but all seem to be taking about Private Tickets, whereas mine was issued by the Council.

Here is my issue:

On 10/12/13, I went to Old Trafford (Man Utd game) and parked in my usual spot. Only this time, I got myself a ticket (along with 100 other cars that night). For 2 seasons now, no one has ever got a ticket.

Not being fully aware, I had parked on double yellow lines. Yes, the onus is on me and I should take the blame for that, which I do. However, although I have a duty to park correctly, the Council has a duty to keep the roads, signage and markings upto a good standard (after all, that's what our Road Tax is for).

Please see the images below.
imageshack.us/a/img716/1759/ajq5.jpg
imageshack.us/a/img801/5414/k6cy.jpg

As you can see, where I have parked, the double yellow lines are not visible. On this basis, I am looking to appeal the PCN issued by Trafford Council.

I have already emailed the following to Trafford Council:

I am writing to formally challenge the above Penalty Charge Notice.

On 10/12/2013 my vehicle was issued with a Penalty Charge Notice for the reason of "01 Parked in a restricted street during prescribed hours".

In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur. All signs and roadmarkings must conform with the 'Traffic Signs Regulations and General Directions' (TSRGD) 2002. I believe the roadmarkings are neither visible nor are they clear. They are so worn they can barely be made out. As a result, the rules were unclear.

Please find enclosed evidence to this effect, in the form of 2 images attached to this email. The photos were taken on my mobile phone, on the night the PCN was issued. I have driven my car off the area and taken a photo, clearly showing the area I parked on was not marked accordingly.

For this reason I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

Yours sincerely,


The next day I received an email back saying the "penalty charge will not be waived".

What should be my next move? Any help would be greatly appreciated.

marleyboy

Council PCN's are enforceable. You can appeal, but should the appeal fail wih the council, your only other option is to pay up.

Coupon-mad

Wait for the NTO and then formally appeal - which is what the letter tells you. Depends how terrible the lines are - if practically invisible you'd win at adjudication but not just if there are gaps, as the lines would then be considered to be 'substantially compliant'.

You should post on pepipoo, as there may be flaws with the PCN wording or something else:

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

HTH

esmerobbo

Lines are pretty poor but as C-M says 'substantially compliant' may win it for them. Is that exactly where you parked or the worst part of the linage? Just asking because the CEO may well have a photo too!

Councils are getting tougher now they're getting less money from the government previously you got away with it, nice revenue earner, although it shouldn't be!

bod1467

You'll struggle to win on poor markings - whilst not ideal it is clear from your photos that DYLs are in force.

Take this over to Pepipoo as advised and see if you can win this on a technicality regarding the PCN - you'll not get this quashed on markings.

ezerscrooge

Might be worth looking at the full length of the yellow lines. You should have a strong appeal if they do not have the cross bars painted at the end of the run - it is common fault with lots of yellow lines.

peter_the_piper

These days the adjudicators will say its substantially compliant even without end bars. Please also post this onto pepipoo.com for other views on this.

da_rule

jugeshm wrote: »

I believe the roadmarkings are neither visible nor are they clear. They are so worn they can barely be made out.

I believe these two sentences may be where you have shot yourself in the foot. You say they aren't visible, which would probably provide some sort of defence if it looked like a parking bay/unrestricted area of road. The problem is that you then go on to say that they could 'barely be made out', so they were visible.


On a side note it may also be worth looking to see if the signage relating to the lines was compliant.