DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 19114--------------------------------------------------
Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: jmann
Date: April 5, 2024, 3:22 pm
---------------------------------------------------------
As the subject says - allegedly parked on a Mon-Fri restricted
road on a bank holiday Monday.
Pictures plus PCN attached.
Its a company car so only Registration will be the Ltd company.
does that help?
I wonder what is there reason to no consider bank holiday Monday
as a non weekend day. clearly the zig zag lines are for
protection of school people plus help with getting
dropped\picked off so should a bank holiday not be treated like
any other weekend day?
any ground for appeal?
Thanks
[attachment deleted by admin]
#Post#: 19125--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: fraser.mitchell
Date: April 5, 2024, 5:52 pm
---------------------------------------------------------
As it is a leased car, it can get complicated if you stand your
ground and decide to fight the matter through to adjudication.
This is because the second stage of the process is the service
of a Notice to Owner to the lease company, who are the
registered owner on the V5C Registration Certificate for the
car. We see many cases where the lessee wants to fight the
matter, but the lease company just pay-up and off-charge the
penalty, and add on an "admin fee". So you need to check the
lease conditions with the lease company and tell us what they
are and also that you have received a PCN and wish to fight it,
and ask them not to pay the NtO when it arrives. .
As for the allegation, this looks to be eminently appealable
because they have failed in their duty to sign the restriction
properly.
Your PCN has been served for parking on the yellow line during
its restricted hours and has nothing to do with the school
zig-zags which indicate a " No Stopping" restriction. But there
is no sign to indicate the restrictions for the yellow linem
because the location is within the Croydon North Zone CPZ. Here
is one of the CPZ signs as you come south on Mitcham Road
HTML https://maps.app.goo.gl/tp9ChL6a2VEFAnHu7
The sign is at one of the entrances to the zone and defines the
days and hours of the single-yellow line restriction inside the
zone. You will see that the restriction is Mon-Sat 9.00am to
5.00pm. However, where there are two restrictions on a street,
as is the case here on Lennard Road, the guidance regarding
signs is that there should be a sign for the yellow line in
addition to the sign for the zig-zags. Here there isn't so you
can submit representations on that basis. I think there is
another case similar to yours currently running on the forum, so
have a look round.
#Post#: 19159--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: ivanleo
Date: April 6, 2024, 11:03 am
---------------------------------------------------------
Is it a leased car? Or is the company the registered keeper?
In any event if you want to challenge this, you need to inform
the registered keeper and get them to cooperate, which won't
generally be an issue as long as you agree to indemnify them
should the appeal ultimately be successful.
The council photos do not prove any contravention:
HTML https://i.imgur.com/G9AXYnr.jpeg
HTML https://i.imgur.com/6TocOSf.jpeg
HTML https://i.imgur.com/Qx2iNou.jpeg
HTML https://i.imgur.com/Tr96RJ1.jpeg
HTML https://i.imgur.com/Lkp1r5w.jpeg
HTML https://i.imgur.com/IXvOkoE.jpeg
The PCN is for the waiting restriction conveyed by the single
yellow line, it has nothing to do with the zig-zags. You need to
have a look at
HTML https://www.croydon.gov.uk/parking-streets-and-transport/parking/parking-restrictions/list-controlled-parking-zones<br
/>and work out which zone you were in, and exactly where you
entered the zone, that really is the first step for this sort of
PCN.
#Post#: 19275--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: jmann
Date: April 8, 2024, 5:15 am
---------------------------------------------------------
Thank you for all info so far.
Company is the registered keeper (only Ltd company name on the
V5)
It is not a lease\hire, it is purchased outright by the company.
#Post#: 19321--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: ivanleo
Date: April 8, 2024, 12:38 pm
---------------------------------------------------------
--- Quote from: jmann link ---
>
> It is not a lease\hire, it is purchased outright by the
company.
>
--- End Quote ---
So what's your connection to the company, do you own it? are you
a director? do you just work for them as an employee?
Also do you recall what route you took to get there?
#Post#: 19379--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: Pastmybest
Date: April 9, 2024, 6:46 am
---------------------------------------------------------
One of the stronger points IMO would be the reason this case was
allowed
2190152145
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Mrs Ahmad has attended in person.
This PCN was issued for the alleged contravention of being
parked in a restricted street during prescribed hours. The
alleged contravention occurred in Curzon Crescent at 6.09pm on
11 January 2019.
I have looked at the CEO's images. There is an image of the back
of Mrs Ahmad's car which shows that it was parked on school
entrance markings. It is not in dispute that there is a sign
next to the markings which says no stopping on entrance markings
Mondays to Fridays between 8.15am to 9.15am and 2.30pm to
4.30pm. There is a single yellow line running through the
entrance markings. There is no signage next to the single yellow
line to alert a motorist to a separate no stopping and no
waiting restriction.
The Council says that Curzon Crescent is part of a Controlled
Parking Zone for which the controlled hours of parking are
8.30am to 6.30pm Mondays to Fridays. Mrs Ahmad says that she
parked in the belief that the no stopping restrictions were the
signed restrictions next to the school entrance markings.
I am allowing this appeal because the signage and markings are
confusing to the motorist. A motorist who sees a no stopping
sign next to school entrance markings will reasonably think that
the no stopping restriction applies during the controlled hours
shown on the sign unless there is an additional sign with a no
waiting restriction for a single yellow line. A motorist is
unlikely to realise that the yellow line is not part of the
school entrance restrictions. There is normally no requirement
for the signage of yellow line restrictions in an individual
street which is part of a CPZ but this situation is different
because the yellow line is likely to be seen as part of the
school entrance markings.
#Post#: 19381--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: jmann
Date: April 9, 2024, 8:50 am
---------------------------------------------------------
I am the sole company director.
Log book does not have my personal name.
Route I took is London Road, then turned left into Oakfield
road, then left onto Lennard Road, where I got the ticket.
#Post#: 19543--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: ivanleo
Date: April 12, 2024, 3:24 am
---------------------------------------------------------
[member=1459]jmann[/member] this is the map of the CPZ:
HTML https://www.croydon.gov.uk/sites/default/files/2024-02/north-zone-%28oct-2021.pdf
So the question is how did you enter the zone, did you come from
the North along London Road? If so, you would have entered the
zone here:
HTML https://maps.app.goo.gl/Exoy2BZpo4XLZDKx7
(there is
also a sign on the offside).
Are you able to confirm this is where you entered the zone? If
so, are you able to check if the sign is still visible / in
place?
#Post#: 19546--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: fraser.mitchell
Date: April 12, 2024, 4:17 am
---------------------------------------------------------
Surely the strongest point is the case cited by PMB (2190152145)
? The council have completely ignored guidance on signing where
a single yellow line coincides with school zig-zags.
#Post#: 19709--------------------------------------------------
Re: Parking on Restricted Mon- Fri spot on Bank Holiday Monday
DIR By: ivanleo
Date: April 14, 2024, 5:47 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> Surely the strongest point is the case cited by PMB
(2190152145) ? The council have completely ignored guidance on
signing where a single yellow line coincides with school
zig-zags.
>
--- End Quote ---
I think both points should be pursued vigorously. It's Croydon
we're talking about and they're unlikely to put up much of a
fight.
To pursue the entrance zone sign argument, we need
[member=1459]jmann[/member] to answer my questions above.
*****************************************************
Page 1 of 2
DIR Next Page