Council Double Yellow Lines BROKEN

N4D5

Hi guys,

Hope your all well.

Just wanted a little clarification before i paid a parking fine.

I have been parking on this exact same spot for a few weeks now, due to me starting work later and all local car parks being full. The lines have never really been visible and this is not due to road works. Just broken and faded naturally. I spoke to a local parking office whilst parking there once who confirmed he cannot give me a ticket as the lines were broken/faded.

Anyway i got a ticket upon checking the online system for my council the parking attendant has provided almost 15 pics from various angles, maybe a new parking officer. Non of which show me parked on yellow lines. It does however show faded lines in front next to drop curb and behind.

I sent my initial online appeal through to them provided 3 pics (max) and said exactly the same that there is no signs and the lines are not there plus confirmed with parking attendant plus to date there is cars still parked there and not ticketed.

Below is the response i got. Please can someone advise if i have a leg to stand on and appeal this or should i just pay it.

Also attached pics of the lines in current state.

Any advice appreciated as always.

Thanks
Nad


Thank you for your enquiry concerning the Penalty Charge Notice detailed above.

I have given careful consideration to the circumstances you have described but regret that there are no grounds for the Notice to be withdrawn.

The Penalty Charge Notice was issued in view of your vehicle being parked where double yellow lines were present and the restriction in force is no waiting at any time.

Double yellow lines indicate that waiting is restricted 24 hours a day, 7 days a week. The restrictions are clearly shown in accordance with the Road Traffic legislation.

Yellow lines are marked on roads for safety reasons, to facilitate loading and unloading and ease the passing of vehicles. These regulations have been approved by the Department of Transport and are referred to in the Highway Code, with which motorists should be familiar.

I would advise you that Traffic Regulation Orders, which are referred to in the Highway Code mentioned above, are enforced on the highway, which includes footpaths, grass verges and entrances up until the point where the highway meets private property.

I would advise you that under the Traffic Signs Regulations and General Directions there does not have to be an upright sign stating “no waiting at any time” where double yellow lines are enforced.

Please be advised that it stipulates in the Highway Code that vehicles must not be parked partially or wholly on the pavement unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, wheelchair users or people with prams or pushchairs.

I have noted to your comments concerning the condition of the lines, although there are gaps in the yellow lines due to utility works, etc, it is quite clear that yellow line is in place. I would advise you that it is not a requirement for yellow lines to be in perfect condition at all times. In this instance there is a clear indication yellow line restriction is in place and therefore as the motorist it remains your responsibility to ensure that their vehicle is not parked in contravention of any restrictions in place. In this instance it would have been advisable to have arranged parking where a contravention would not have occurred.

I must therefore rely on the Civil Enforcement Office's evidence and regret that I am unable to withdraw the Penalty Charge Notice and l must request payment be forwarded in settlement of the matter.

As your correspondence regarding the Penalty Charge Notice was not received within the 14 day discount period as specified on the reverse of the Penalty Charge Notice I must request that the full amount of £70.00 be forwarded in settlement by the 06/09/2016.

In accordance with Birmingham City Council's Discretion Policy, each case is judged on its own merits, taking into account the exceptionality of the circumstances. The decision to enforce this case has therefore been made in accordance with this policy which can be viewed on https://www.birmingham.gov.uk/pcn.

If you would like to make payment by credit or debit card, please telephone 0121 667 9300 (call charges from mobiles will vary), this service is available 24 hours a day, 7 days a week, or pay on-line https://www.birmingham.gov.uk/PCN. Please have the Penalty Charge Notice number and your credit card details available.

Alternatively, cheques or Postal Orders should be made payable to 'Birmingham City Council (Highways)' and forwarded to Birmingham City Council, The Place Directorate PO Box 77 Birmingham B4 7WA, quoting the Penalty Charge Notice number.

Cash Payments can be made at any Post Office if this letter has a barcode printed on it. Please note that payment cannot be made at PayPoint outlets. Please take care that the barcode does not become damaged as it may become unreadable. There is no charge for this service.

If you choose not to send payment in response to this letter, but wish to challenge the matter further and you are the registered keeper of the vehicle, please wait until the formal Notice to Owner is sent to you. This letter offers the opportunity to make a formal representation against the Penalty Charge Notice. Legislation requires the Council to send a formal Notice to Owner to the registered keeper of the vehicle if payment is not made in relation to the Penalty Charge Notice. If you are not the keeper, formal representations may still be made on your behalf by contacting the registered keeper of the vehicle.

Please Note: It is not possible to enter into any further correspondence until a formal representation is received in response to the Notice to Owner. Any additional correspondence received from you prior to the Notice to Owner being issued will therefore not receive a reply but will be considered should any formal representation be received in response to the Notice to Owner.

The Traffic Management Act 2004 sets out the following statutory grounds on which representations may be made:

1. The alleged contravention did not occur.
2. I was never the owner of the vehicle in question/ or
I had ceased to be its owner before the date on which the alleged contravention occurred/ or
I became its owner after the date on which the alleged contravention occurred.
3. The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner.
4. We are a vehicle-hire firm and the vehicle was on hire under a hiring agreement and the hirer had signed a statement acknowledging liability for any PCN issued during the hiring period.
5. The penalty charge exceeded the amount applicable in the circumstances of the case.
6. There has been a procedural impropriety by the enforcement authority
7. The Order which is alleged to have been contravened in relation to the vehicle concerned is invalid.
8. This Notice should not have been served because the penalty charge had already been paid:
(i) in full; or
(ii) at the discounted rate set in accordance with Schedule 9 to the Traffic Management Act 2004 Act and within the time specified in paragraph 1(h) of the Schedule to the Civil Enforcement of Parking Contraventions (England) General Regulations 2007.
9. If there are any other reasons why you consider the Council should cancel the penalty charge notice and refund any sum already paid.

If you make a representation and it is accepted, the Penalty Charge Notice will be withdrawn. If not, the full amount of £70.00 will be due, unless you wish to make an appeal. Full details will be given to you of the appeals procedure, which allows a case to be heard by an independent adjudicator at the Traffic Penalty Tribunal. The Traffic Penalty Tribunal is an independent tribunal service where impartial lawyers consider appeals by motorists.

If this response has been sent via email, please note this email address is from an account that is not monitored.

Yours sincerely

peter_the_piper

Best bet is to go onto pepipoo.com who deal with council tickets, here its only private parking. http://forums.pepipoo.com/index.php?showforum=30

Sign up and go. Give them a google street view of the site, copies of both sides of the ticket, remove personal data but leave dates.
Good luck.

Umkomaas

Dodgy looking DYLs, but this isn't the best forum for council issued tickets, we deal primarily with private parking company tickets.

Go over to PePiPoo and post there. In registering, do not attempt to do so with a hotmail/outlook email address, won't work. Good luck.

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

N4D5

Thanks guys, just registering with pepipoo and will post accordingly thanks for direction.

DoaM

Don't use a Hotmail address for Pepipoo - it doesn't accept them. (Well, it does ... but you won't get the activation email).