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 ) 

Add caption
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

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

Friday, 12 August 2011

Parked in a residents bay in the C zone - how to get the PCN cancelled

The entry signs, bay signs and lines on the road are wrong in pretty much all of the C zone ( Chipping / High Barnet )

This means that a vast number of tickets of dubious legality get issued. The best answer is not to ignore the ticket but to write or email an informal appeal to the ticket. If you email to you will receive a reply from Barnet to say they have your appeal and so the time for paying at a discount will stand still i.e. you will still be able to pay at a discount if the appeal is rejected and you decide to pay.

From the Barnet Council website

If you challenge a PCN you should not make payment - on receipt of your challenge the penalty charge is frozen at the amount the charge is when your challenge is received.

We aim to respond to all correspondence within 10 working days, however this is not always possible so please bear with us.

With a little effort you almost certainly won't have to pay. The more people that appeal the busier it is going to get in the parking department and the more likely you are to win. Just think that you are contributing to employment by keeping the "information officers" ( a rather odd name for people who handle parking ticket appeals ) in a job.

So what should you write? This

Dear Sirs

I wish to appeal against this parking ticket numbered ******************* on 3 grounds under The Traffic Signs Regulations and General Directions 2002

1 the lines marking out the bay do not conform to diagram 1028.3 in that some of the lines are outside of the range of 600mm + 20% or -10%

2 there are not 2 signs of the type shown in diagram 663 at all entry points to the zone ( in particular there is only one sign, whereas there should be two, one on each side of Barnet Hill )

3 the signs on the poles do not conform to drawing 660.3

Please confirm that you have cancelled the PCN.

Yours etc

Check the signs for your zone - are there two at every entry point. If not, you should appeal.
If you have any problems please let me know. I will help you.

Yours appealingly

Miss Feezance