| Topic: | Re:Re:Re:Re:Re:Contesting parking fines | |
| Posted by: | Richard Jennings | |
| Date/Time: | 01/04/10 22:27:00 |
| "Do you mind me asking if you have contested a PCN before, hence your knowledge ?" Yes, I appealed in 2007 against a PCN for parking in a suspended bay while trying to help the people (my neighbours) who had organised the suspension. Hounslow gave up when they saw my 4-page appeal to PATAS with three grounds of appeal. But I've learned a lot more from pursuing other cases like yours where people have been unfairly targeted. To be honest, your case is a bit marginal, and a successful appeal could well result in a yellow line being painted across the end of the road, which should be there anyway. The nearest relevant case in the PATAS "Key Cases" on their website is Carr v. L.B. of Haringey, 2007, which concerned a similar PCN not in a CPZ, hence no yellow lines anywhere near. The adjudicator's judgement is at http://keycases.parkingandtrafficappeals.gov.uk/docs/Carr%20v%20Haringey.pdf The 50cm rule is contained in section 85 of the Traffic Management Act 2004, which says that you are not allowed to park if "no part of the vehicle is within 50 centimetres of the edge of the carriageway". Note that there's no mention of "kerb", so it doesn't matter whether there's a kerb along the front of the wall. The adjudicator in the Haringey case was quite clear that the dead end of the road was an "edge". (If your PCN mentions the "kerb", that's not the standard description authorised by London Councils, and doesn't correspond to the Act, so that might be worth mentioning too.) In your case, it's not quite as clear-cut as the Haringey case, as you do (I assume) have yellow lines along the kerbs by the end houses. But it's a requirement of a controlled parking zone that yellow lines are laid everywhere that's not marked out as a parking place (Traffic Signs Regulations 2002, section 4). Ealing have failed to do this at the end of Shakespeare Road. Feel free to mail me (click on my name above) if you need any further advice. Good luck! |