Sunday, 28 August 2011

PCN on a single yellow line - How to appeal - all zones

Remember that it costs nothing to send in an informal appeal i.e. a letter or an email ( email is better, especially with a delivery receipt and a read receipt added ) 

If you do it within the 14 days then you still get the 50% discount even if you lose your informal appeal ( and Miss Feezance does not think that you will ).

There are rules that the council has to follow. Many councils, including Barnet Council, seem to find this difficult even though there is guidance in the form of the Traffic Signs Regulations and General Directions 2002. You can buy it at Amazon but you don't need to as you can browse it on the internet if necessary ( save yourself £40 )

So here are the rules for yellow lines within CPZ's. 

A council either has to put up signs like this one on lampposts ( or other posts ) at regular intervals ( every 60m ) 


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or because it is quicker and cheaper 2 signs ( one each side of the road ) like this one at every entry point to the Controlled Parking Zone. Outside of a CPZ there must be signs saying what the restricted hours are, placed at a maximum of 60m intervals.



It only needs a single one of these signs to be missing for you to have a valid appeal against your PCN ( Penalty Charge Notice ).
The times on the plate should reflect the hours of operation of your zone - they might be wrong? 
If they were wrong that would be grounds for appeal.
The signs should not be obscured by foliage as they often are in summer, remember you have to be able to read the sign at 30mph, or by being defaced in anyway that makes them unclear such as being covered in moss or graffiti.

There are also rules for the yellow lines. This is so that the motorist is not in any doubt about the rules and a yellow line in Bognor or Birmingham should look like one in Bristol or Barnet.

They should look like this.





Generally with the CPZ zones Barnet Council have opted for the 100mm width of line and a 5% variance is allowed, they have to be within 95 to 100mm wide. If there is a break in the line then it is invalid and you can appeal ( Miss Feezance thinks it unreasonable to count a break caused by a drain grating ) but if the road has been dug up and the line was not immediately repainted that is a good reason to appeal. There is no reason why a new section of tarmac cannot immediately have a new line painted - it's not the fault of the motorist if the council can't organise it.

Miss Feezance has noticed that a lot of yellow lines are not properly terminated i.e. the bar across the end of the line is missing or the wrong size.  These are good grounds for appeal.

Incidentally outside of the CPZ's you can also appeal if the single yellow line is the wrong size or broken.

How to appeal

Email as follows to parking@barnet.gov.uk

Dear Sirs

PCN #:xxxxxxxxxx

I wish to appeal against the above numbered PCN as the lines and/or signs are not in accordance with the Traffic Signs Regulations and General Directions 2002

Yours faithfully

Your name and address


If you have any problems please let me know. I will help you.

Yours appealingly

Miss Feezance

22 comments:

  1. Oh how i wish i'd found your webpage sooner!

    I parked on a single yellow in Golders green and received a ticket. There were no signs and the CPZ was not active. (code 01)

    I contested the PCN with Barnet and sent a photo survey of half the street- not a single sign for single yellows.

    They've written back with some pro-forma saying 1. For single yellows rules apply during times shown on signs. (There are none, as per photo survey.) 2. It's a controlled parking zone. (Not on a Sunday when i parked!)

    They also went to great lengths to include a line that says "I have noted your comments and would advise that we have actually made a site visit to the area and can confirm that there is restriction in place on Sundays from 9:30 to 6:30". I don't know what area they visited, but it wasn't on the street where i parked!

    Do you have any advice for me?

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  2. Please send an email to missfeezance@gmail.com with the AG number and your vehicle reg and then advice will follow

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  3. Hi there. Good information here so thanks for that. I have a slightly different matter and wonder if you can help/give your opinion. I've had some experience with the wonderful parking team (more the planning guys) when I lived in Finchley and spoke with them a few times-I don't have their number any more but will try and contact them. I have just moved to Mill Hill and on our road we have CPZ between 11-12 Mon-Fri which isn't too bad. However for visitors to to come in the morning it is a right pain and I am loathed to pay for permits for one hour. The road has bays in between the drive ways, however there is still space between drive way and bay where a yellow line has been painted. Only someone with permission to park here would be able to (as a car outside of the bay would be blocking our drive) which of course would be ok for a visitor of ours. Why there is a yellow lines beyond me....as that space of road could only be used by us and so visitors could park there. I want to find out whether or not and how easy it is to get these yellow lines removed. Not sure if this is the CPZ planning team I have spoken to in the past or another department.

    Just to add, it is interesting to see your diagram of how the yellow line should be. We (and on the rest of the street) has a direct straight yellow line only between the bays. Your diagram shows there should be a line going across the end of the line (I guess to show that is the end?). Possibly the yellow line isn't even legal?

    Be interesting to hear your views!

    Cheers!

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  4. Dear Greg

    I need to see pictures beofre I can comment. Please email me at the address at the top of the blog and i can help you out.

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  5. Hi I just got a PCN (code 01) similar to Bzzzcat. I Parked in Birmingham today (Sunday) on a single yellow on a road with pay and display bays which were not active on Sunday. There were no signs at all stating CPZ or any hours of operation on any part of the road. Do I have a case for appeal? Thanks

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  6. Hi R Hassan

    If you send a copy of the pcn (both sides) to me at missfeezance@gmail.com I will have a look for you.

    I am not an expert on Birmingham so in the alternative, or also, you could put a copy up on the pepipoo website (minus the car registration and pcn number) as someone who knows Birmingham might have had a similar experience.

    I do have one idea. I presume you were on a single yellow line. If the times are more onerous thna for the CPZ zone then they should be the subject of their own time plate but i am jumping the gun there.

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  7. I have just challenged a PCN based on the fact that the yellow lines are below 50mm (actually below 40mm in places) and broken too. I have also challenged on the Street name being incorrect, which I believe it is, but I'm not 100% certain of the latter. I attached a photo showing the poor quality lines. Fingers crossed.

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  8. Hi dave, the photo has not come through. Please send it to missfeezance@gmail.com

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  9. Hi, Miss Freezance...I just got a PCN for being parked on a single yellow line whilst collecting my daughter from ballet: Background to help understand scenario: I was collecting my daughter (not disabled) from ballet, and my son (who has right sided hemiplegia - a form of cerebral palsy) was in the car...It has been raining terribly all day, and so his shoes were soaked through, and i just couldn't face carrying him so far, so I wanted to park as near as possible as he had no shoes on. I parked on a single yellow line outside ballet class (there was signage up saying no parking 8am-6pm, which I assumed meant you are allowed to load/unload for 20mins, including children!).

    I've now got a ticket which says if I pay within 14 days it's £35, or if I wait, £70. It's just so much money, and I feel gutted as I was in there for only 6 minutes. (ticket states that I was observed between 17:28 to 17:34 in restricted area.

    My son is able to walk, but not far, and so I've never applied for a blue badge, so this does not go in my favour, I know. Do you think I have grounds to appeal? If so, what info should i provide? A letter acknowleging from the ballet teacher? Weather reports to show the bad rain etc?

    Biggest worry is I appeal, and they uphold PCN, and I have to pay double (£70) as I miss the 14 day deadline.

    Help!

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  10. Dera rebecca

    The best plan is to send a note of your vehicle reg and the PCN number which starts with AG to my expert friend mrmustard@zoho.com who handles appeals for people free of any charge whereas I simply write about them.

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  11. I have just had my informal challenge against a PCN for parking on a single yellow line which has large breaks in it and using google streetview I have checked they have not been maintained to a comply with the regulation markings for years.

    You make this sound like a valid reason to appeal all the way as they are failing to follow

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416617/operational-guidance.pdf

    In particular Annex D, which they are not close to following,

    The street is Pierpoint Court in Chester, the single yellow section between the signs.

    https://www.google.co.uk/maps/@53.1891776,-2.8923318,3a,75y,211.26h,48.51t/data=!3m6!1e1!3m4!1sPMwpvfKT-d4XohcXBa_A6Q!2e0!7i13312!8i6656?hl=en

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  12. I could really do with your help!

    Went to the hairdressers in Hadley Wood, parked on a single yellow line as did other people. I was a bit iffy as yellow lines look scary to me and so I phoned the hairdressers quickly and he said you are fine to park on a single yellow line after 9:30.

    So I did, came back from the hairdressers and had a ticket.

    Hairdresser said oh sorry, there are signs up and your not allowed to park outside the station (where are the signs!!!! I took a picture and there were no signs saying i couldn't park outside the station).

    I emailed the parking people and received the same email back, deciding not to accept my appeal. I've emailed them back asking where the signs are and what the restrictions are as there email is too automated for my liking and haven't given me a proper explanation.

    Awaiting their reply but I'd love to know what to say next - I have 12 days left of the 14 day period.

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  13. Send copies of the correspondence to missfeezance@gmail.com and then I will study the situation.

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  14. This comment has been removed by the author.

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  15. If you want help please send a copy of the pcn to missfeezance@gmail.com

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  16. Hello Miss Feezance

    Wondering if you had any advice. We parked in Barnet on Sunny Hill near Sunny Hill park today and received a PCN when parking on a single yellow line. It was an event day but we did not park in a bay and all of the signs seemed to refer to the bay ie residents parking only Monday to Friday and then another sign under it said on event days between 1-5pm. We did not see any signs referring to restrictions on the single yellow lines anywhere near the street nor did we see any signs "at the start of the controlled parking zone" - we could not even see where these were/are. We even asked one of the residents whether it would be ok to park the car on the single yellow and she said yes (though admittedly she may not have been familiar with the restrictions). Do you think there is any ground to appeal?

    Thank you so much.

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  17. Please send a copy of the PCN to missfeezance@gmail.com

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  18. Hi Miss Freezance, can you help please I received a PCN on Elm Road (Barnet) Sunday evening at 8:30 pm after parking on a single yellow line, I was under the impression that it would be fine, so I was surprised to find I had received a fine (pardon the pun). Do you think i have grounds for appeal, thanks.

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  19. Please send a copy pcn to missfeezance@gmail.com

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  20. Hi Miss Freezance, can you help please I received a PCN on station road (stratford) Saturday evening at 8:50 pm after parking on a single yellow line, I was under the impression that it would be fine. Do you think i have grounds for appeal, thanks

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  21. Please send a copy pcn to missfeezance@gmail.com It will depend upon the signs

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