URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
       *****************************************************
       #Post#: 129652--------------------------------------------------
       Re: London Borough of Harrow - PCN Code 01 - Faded/Broken single
       yellow line - Cunningham Park
   DIR By: GavelSmash
       Date: September 5, 2026, 8:47 am
       ---------------------------------------------------------
       --- Quote from: stamfordman link ---
       >
       > Just a template rejection.
       >
       > I would go on with this and wait for the notice to owner.
       >
       > Who is the registered keeper and is the logbook address
       correct.
       >
       --- End Quote ---
       Yes it appears so. I am the registered keeper and I finally
       received the notice to owner earlier this week. I will use the
       same appeal letter and evidence from the informal appeal I
       already sent and wait for the notice of rejection.
       #Post#: 129661--------------------------------------------------
       Re: London Borough of Harrow - PCN Code 01 - Faded/Broken single
       yellow line - Cunningham Park
   DIR By: fraser.mitchell
       Date: September 5, 2026, 12:28 pm
       ---------------------------------------------------------
       --- Quote from: GavelSmash link ---
       >
       > [quote author=stamfordman link=topic=10905.msg125295#msg125295
       date=1784647407]
       > Just a template rejection.
       >
       > I would go on with this and wait for the notice to owner.
       >
       > Who is the registered keeper and is the logbook address
       correct.
       >
       --- End Quote ---
       Yes it appears so. I am the registered keeper and I finally
       received the notice to owner earlier this week. I will use the
       same appeal letter and evidence from the informal appeal I
       already sent and wait for the notice of rejection.
       [/quote]
       template rejection = Fob-Off
       #Post#: 129712--------------------------------------------------
       Re: London Borough of Harrow - PCN Code 01 - Faded/Broken single
       yellow line - Cunningham Park
   DIR By: tincombe
       Date: September 6, 2026, 8:56 am
       ---------------------------------------------------------
       IMO, you would do yourself no favours simply resubmitting your
       initial reps.
       'However, the Civil Enforcement Officer (CEO) observed your
       vehicle and saw no loading or unloading taking place.
       The rule applies during the times shown on the sign. The signs
       governing single yellow lines are not always nearby. Inside a
       Controlled Zone, the information may be on Controlled Zone signs
       instead. Controlled Zone signs are like border-crossing signs:
       you will have passed one as you entered the zone.'
       Not just tosh, it's incomprehensible as regards the reason why
       they rejected your reps.
       Are they saying that the line was clear and therefore the
       'information' was on the 'Controlled zone..border-crossing signs
       [which] you will have passed as you entered the zone', or
       That the restriction was conveyed on 'signs governing single
       yellow lines[which are not always nearby]'.
       IMO, the issue here, apart from the nonsense reply, is that if
       you were in a CPZ(which their reply implies) then if the yellow
       line(which you did not see) carried a restriction different from
       the border-crossing then they were OBLIGED to place such a sign
       at the point where the varied restriction commenced.
       In years past it appears they had, but not now.
       #Post#: 131128--------------------------------------------------
       Re: London Borough of Harrow - PCN Code 01 - Faded/Broken single
       yellow line - Cunningham Park
   DIR By: GavelSmash
       Date: September 21, 2026, 5:04 pm
       ---------------------------------------------------------
       --- Quote from: tincombe link ---
       >
       > IMO, the issue here, apart from the nonsense reply, is that if
       you were in a CPZ(which their reply implies) then if the yellow
       line(which you did not see) carried a restriction different from
       the border-crossing then they were OBLIGED to place such a sign
       at the point where the varied restriction commenced.
       >
       > In years past it appears they had, but not now.
       >
       --- End Quote ---
       Thank you for this nugget I have included it in my appeal.
       Here is the final appeal, please review before I send it off:
       --- Quote ---
       > Dear Harrow Council,
       >
       > I am writing to make formal representations against the above
       Penalty Charge Notice (PCN) on the statutory ground that the
       alleged contravention did not occur. This representation is made
       in response to the Notice to Owner and in light of your letter
       dated [insert date of rejection letter], which I find to be
       contradictory and legally flawed.
       >
       > 1. The Council's Rejection Letter is Internally Contradictory
       >
       > Your letter of rejection states:
       >
       > "The rule applies during the times shown on the sign. The
       signs governing single yellow lines are not always nearby.
       Inside a Controlled Zone, the information may be on Controlled
       Zone signs instead. Controlled Zone signs are like
       border-crossing signs: you will have passed one as you entered
       the zone."
       >
       > This passage is fundamentally incoherent. It simultaneously
       claims that the restriction is conveyed by:
       > a) "signs governing single yellow lines" (which are "not
       always nearby"), and
       > b) "Controlled Zone signs" (which serve as "border-crossing
       signs").
       >
       > These are two mutually exclusive methods of conveying a
       restriction. The council cannot rely on both. The legal
       framework is clear: either the single yellow line operates
       during the standard Controlled Parking Zone (CPZ) hours and is
       conveyed by zone entry signs, or it operates during different
       hours and must be accompanied by its own timeplate.
       >
       > 2. Legal Framework: The Requirement for a Timeplate
       >
       > The law is well-established. Under the Traffic Signs
       Regulations and General Directions 2016 (TSRGD) and confirmed by
       government guidance:
       >
       > a) A single yellow line must be accompanied by a timeplate
       indicating the hours during which the restriction applies.
       >
       > b) An exception exists only where the single yellow line
       operates during the same hours as the CPZ in which it is
       located. In that case, a timeplate is not required, and the
       restriction is conveyed by the CPZ entry signs.
       >
       > c) Critically, if a particular section of yellow line has
       different hours of restriction from the CPZ hours, then a sign
       will be placed to show the alternative times of restriction.
       >
       > This principle was expressly endorsed in the parking
       adjudication case of Ross v Enfield (Case No. 1950094429). The
       adjudicator held that where the time restriction denoted by the
       yellow line "clearly varies from the Controlled Zone time," a
       nearby timeplate is required.
       >
       > 3. Application to This Case
       >
       > Your letter implies that the location is within a CPZ and that
       I should have relied on CPZ entry signs. However:
       >
       > a) The nearby timeplate was missing. My evidence shows that a
       timeplate previously existed close to where I parked (confirmed
       by historical Google Street View imagery) but was absent on the
       date of the alleged contravention. If the single yellow line at
       this location operated during different hours from the CPZ
       (which the historical presence of a timeplate strongly
       suggests), then a timeplate was legally required. Its absence
       means the restriction was not properly conveyed.
       >
       > b) The CPZ entry sign was not a viable alternative. Your
       letter states, "you will have passed one as you entered the
       zone." However, I did not pass a valid CPZ entry sign on my
       route to this location. Furthermore, even if a CPZ entry sign
       existed elsewhere, it cannot substitute for a required timeplate
       where the restriction varies from the zone's standard hours.
       >
       > c) The road markings were defective. As detailed in my initial
       representations, the single yellow line was so severely
       deteriorated that it no longer conveyed any restriction. There
       was no visible line beneath or behind my vehicle. Small
       fragments ahead were obscured by a parked van. In wet
       conditions, these fragments were even less apparent. An
       independent local resident left a handwritten note on my vehicle
       stating: "Dear Owner, I'm a resident on this road. Please appeal
       + take a photo of the yellow line. It needs repainting! Good
       Luck!" This is compelling third-party evidence that the marking
       was defective.
       >
       > Your letter claims "our records and the Civil Enforcement
       Officer's evidence confirm that the restriction was sufficiently
       visible". I put the council to strict proof of this assertion. A
       CEO's subjective opinion cannot override the photographic and
       eyewitness evidence demonstrating the line was worn away.
       >
       > 4. The CEO's Observation on Loading
       >
       > Your letter states the CEO "saw no loading or unloading taking
       place". This is irrelevant to my primary defence. My case is not
       that I was loading or unloading, but that the restriction itself
       was not adequately conveyed due to defective road markings and
       the absence of a legally required timeplate. The CEO's
       observation does not cure these defects.
       >
       > 5. Request for Evidence
       >
       > I formally request that the council provide the following:
       >
       > a) A copy of the Traffic Regulation Order (TRO) for Cunningham
       Park, specifying the exact hours of the single yellow line
       restriction at the location in question.
       >
       > b) Confirmation of whether the restriction hours for this
       specific single yellow line are the same as or different from
       the CPZ hours.
       >
       > c) The CEO's contemporaneous notes and any photographs taken
       at the time of the alleged contravention.
       >
       > d) Evidence that a valid CPZ entry sign was situated on the
       route I would have taken to access this location.
       >
       > Conclusion
       >
       > For the reasons set out above, the alleged contravention did
       not occur. The restriction was not properly conveyed due to:
       >
       > a) The absence of a legally required timeplate;
       >
       > b) The severely deteriorated road marking; and
       >
       > c) The council's failure to establish that the restriction
       hours matched the CPZ hours (and were therefore exempt from the
       timeplate requirement).
       >
       > I respectfully request that the Penalty Charge Notice be
       cancelled.
       >
       > Yours faithfully,
       --- End Quote ---
       *****************************************************
       Page 2 of 2
   DIR Previous Page