DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 7941--------------------------------------------------
At any time 1 April - 30 Sept
DIR By: belikewater
Date: October 21, 2023, 6:13 am
---------------------------------------------------------
Does a yellow sign stating 'At any time 1 April - 30 Sept'
override parking on double yellows?
Thank you for any information/help.
[attachment deleted by admin]
#Post#: 7943--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: H C Andersen
Date: October 21, 2023, 6:21 am
---------------------------------------------------------
See Item 1, Part 4:
Waiting of vehicles prohibited at all times
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made
Subject to paragraph (3), these Regulations extend to the whole
of Great Britain.
(3) Provision about the school crossing patrol sign extends only
to England and Wales(1).
DYL do not need traffic signs.
You cannot have a part-time no waiting traffic sign in
conjunction with DYL because they could mislead.
#Post#: 7947--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: John U.K.
Date: October 21, 2023, 6:48 am
---------------------------------------------------------
As HCA says, you can't have part-time 'No Waiting' sign with
DYLs. Should have been a SYL alerting the motorist to the need
to look for a sign. PLenty of such SYL combinations across the
country, especially in popular summer holiday destinations.
Please furnish a GSV link to the location.
I wonder if this is an attempt to govern a stretch of highway
inside a CPZ or some such.
Is this a live case?
#Post#: 7950--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: belikewater
Date: October 21, 2023, 7:21 am
---------------------------------------------------------
Many thanks to both of you for the information. Yes, I received
a PCN for parking here today.
Here is a GSV link:
HTML https://maps.app.goo.gl/mSMZ2t5HH7vf859NA
All along the road you can see those yellow signs stating 'At
any time 1 April - 30 Sept'. So in short, I should appeal this
ticket?
#Post#: 7951--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: John U.K.
Date: October 21, 2023, 7:27 am
---------------------------------------------------------
Please post up both sides of the unredacted PCN. If you use
HTML https://imgbb.com/
upload one side at a time, scroll down past
the image and copy the BBCode, then past each BBCode in your
post hear.
Thanks for posting the GSV. The sign in situ is here
HTML https://maps.app.goo.gl/WHhuGnEcwr9SWtnr9
I assume you were parked the same side of the road as the the
sign?
I am not sure that the sign I found is the one in your photo,
but GSV is 2 years old. Incidentally the signs have co-existed
with the DYL since at least 2011.
#Post#: 7953--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: belikewater
Date: October 21, 2023, 7:49 am
---------------------------------------------------------
--- Quote from: John U.K. link ---
>
> Thanks for posting the GSV. The sign in situ is here
>
HTML https://maps.app.goo.gl/WHhuGnEcwr9SWtnr9
>
> I assume you were parked the same side of the road as the the
sign?
>
--- End Quote ---
Yes, I was parked between that sign and the car just before it,
where it reads on GSV 'THE STRAND'
#Post#: 7954--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: John U.K.
Date: October 21, 2023, 7:58 am
---------------------------------------------------------
Glad you were on the same side.
I cannot see the name of the enforcing authority (I think that
is mandatory?). Pembrokeshire County Council is mentioned in
passing lower down, payment is to be made to WPPP whoever he,
she or it may be).
The pCN was a tad small, so here a larger version
HTML https://i.ibb.co/7Vt39QG/IMG-20231021-132846-1.jpg
HTML https://ibb.co/S0wkLcK
HTML https://i.ibb.co/ZS6JnnQ/IMG-20231021-132907.jpg
HTML https://ibb.co/7QJzww3
#Post#: 7955--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: belikewater
Date: October 21, 2023, 8:01 am
---------------------------------------------------------
thank you
#Post#: 7958--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: John U.K.
Date: October 21, 2023, 8:34 am
---------------------------------------------------------
Found the bit about PCN contents:
--- Quote ---
> Contents of a penalty charge notice served under regulation 5
>
> 1. A penalty charge notice served under regulation 5 must, in
addition to the matters required to be included in it by
regulation 3(2) of the Representations and Appeals Regulations,
state—
>
> (a)The date on which the notice is served
>
> (b)the name of the enforcement authority;
>
> (c)the registration mark of the vehicle involved in the
alleged contravention;
>
> (d)the date and the time at which the alleged contravention
occurred;
>
> (e)the grounds on which the civil enforcement officer issuing
the notice believes that a penalty charge is payable;
>
> (f)the amount of the penalty charge;
>
> (g)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date on which the alleged
contravention occurred;
>
> (h)that if the penalty charge is paid before the end of the
period of 14 days beginning with the date on which the notice is
served, the penalty charge will be reduced by the amount of any
applicable discount;
>
> (i)the manner in which the penalty charge must be paid;
>
> (j)that if the penalty charge is not paid before the end of
the period of 28 days referred to in subparagraph (g), a notice
to owner may be served by the enforcement authority on the owner
of the vehicle;
>
> (k)that a person on whom a notice to owner is served will be
entitled to make representations to the enforcement authority
against the penalty charge and may appeal to an adjudicator if
those representations are rejected; and
>
> (l)that, if representations against the penalty charge are
received at such address as may be specified for the purpose
before a notice to owner is served,-
>
> (i)those representations will be considered;
>
> (ii)but that, if a notice to owner is served notwithstanding
those representations, representations against the penalty
charge must be made in the form and manner and at the time
specified in the notice to owner.
--- End Quote ---
The Civil Enforcement of Parking Contraventions (Penalty Charge
Notices, Enforcement and Adjudication) (Wales) Regulations 2008
HTML https://www.legislation.gov.uk/uksi/2008/609/schedule/paragraph/2/made
I am not sure that this PCN satisfies regulation 1(b).
This would give you two grounds of appeal:
1) that the PCN is defective in not clearly identifying the name
of the enforcing authority.
and
2)
the presence of the sign (attach photo) led you to believe that,
notwithstanding the presence of Double Yellow Lines, waiting was
permitted from 1st.October - 31st.March inclusive.
Wait to see what the experts here have to say, then post a draft
here before sending, but do not miss the expiry of the discount
period.
#Post#: 7959--------------------------------------------------
Re: At any time 1 April - 30 Sept
DIR By: belikewater
Date: October 21, 2023, 8:36 am
---------------------------------------------------------
You're a star John, thanks for your help
*****************************************************
Page 1 of 3
DIR Next Page