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Council parking ticket , no observation period

Posting on behalf of my brother. He got a fine from the council for parking in a restricted parking area. 

The council warden marked the receipt as him having only been observed from 12:20 to 12:20. He got a parking ticket from the council for another location the other day and they observed him for ten minutes, this seems to be the minimum standard for councils. 

It's on double yellows, he was under the impression it was private land but its not, but surely he has an appeal on the basis he was not actually observed for any period of time 

The location https://maps.app.goo.gl/CdC8KoWdugK2ECns7
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Comments

  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
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    As this is a council PCN, please go to the ftla parking forum and post in the council section there for proper targeted advice, after reading their posting requirements 
  • Petriix
    Petriix Posts: 2,282 Forumite
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    I'm fairly sure that double yellow lines wouldn't have a grace period because you're not allowed to park on them at all. 
  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
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    edited 1 July 2024 at 9:34PM
    Petriix said:
    I'm fairly sure that double yellow lines wouldn't have a grace period because you're not allowed to park on them at all. 
    A strange thing to say 

    I can definitely park on them for up to 3 hours as long as there are no kerb markings. ( With a valid blue badge. )

    You are also allowed to stop on them to load or unload ( like taxi's, delivery vans , post people etc do. )

    Its red lines that are no stopping and no parking  ( like clearways. )
  • Umkomaas
    Umkomaas Posts: 42,969 Forumite
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    Petriix said:
    I'm fairly sure that double yellow lines wouldn't have a grace period because you're not allowed to park on them at all. 
    Common misunderstanding. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Coupon-mad
    Coupon-mad Posts: 149,163 Forumite
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    edited 1 July 2024 at 9:34PM
    Petriix said:
    I'm fairly sure that double yellow lines wouldn't have a grace period because you're not allowed to park on them at all. 
    That's not correct. Loads of drivers think that!

    I've no idea why driving instructors wrongly scare people about DYL, which are very useful for short stops. I use them regularly.

    You SHOULD use DYL for loading/unloading, if's what they are there for.  You can park for other short (exempt) reasons on DYL.

    Blue Badge holders can park for 3 hours.

    There MUST be an observation period allowed by a CEO, unless the DYL also have extra 'kerb blips' denoting no loading.

    But the DYL in the linked area do not have that, so the OP was entitled to stop and the CEO could not issue a PCN with no observation period.
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  • Hoenir
    Hoenir Posts: 6,789 Forumite
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    Petriix said:
    I'm fairly sure that double yellow lines wouldn't have a grace period because you're not allowed to park on them at all. 

    Blue Badge holders can park for 3 hours.




    The Blue Badge is not a licence to park anywhere. You must not park at the following:

    During the time a ban on loading and unloading is in force

    Where there are double white lines in the centre of the road even if one of the lines is broken

    On any clearway

    On all pedestrian crossings – including Zebra, Pelican, Toucan and Puffin crossings

    In parking places reserved for specific for specific users e.g. permit holders only, loading bays, taxis, cycles

    Where temporary restrictions on parking are in force along a length of road e.g. as indicated by no-waiting cones

    On school "keep clear" markings during the hours shown on a no stopping plate

    You must also not park where it would be obstructive or cause a danger to others. The following are likely but not exhaustive examples:

    At school entrances, bus stops, on a bend, or near the brow of a hill or hump bridge

    Where it would make it difficult for others to see clearly e.g. close to a junction

    Where it would make the road narrow e.g. by a traffic island or where roadwork is in progress

    Where it would hold up traffic e.g. in narrow stretches of road or blocking vehicle entrances

    Where emergency vehicles stop or go in and out e.g. hospital entrances

    Where the kerb has been lowered or the road raised to form a pedestrian crossing

    On a pavement unless signs permit it

  • LDast
    LDast Posts: 2,496 Forumite
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    But the point was about DYLs and blue badges. I never got an answer to my question in another thread about the relationship between these three pictures:


  • 1990xrider
    1990xrider Posts: 163 Forumite
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    The yellow restriction sign was also in a poor condition, below drivers window level and with worn out text. 
  • 1990xrider
    1990xrider Posts: 163 Forumite
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    This is GSV from 2016 for the sign. As you can tell 8 years ago, it was already very worn out and is really low down. It also appears to be the only one on the road. 
  • Coupon-mad
    Coupon-mad Posts: 149,163 Forumite
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    edited 11 July 2024 at 8:48PM
    That awful sign plus the lack of kerb blips and lack of observation time shoulld win an appeal in the end because the Council won't want it going to adjudication.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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