I received a PCN for parking on a road that accesses that rear of our property. There are no yellow lines and never have been. There are yellow lines on the main road, but I was parked off the main road, not causing an obstruction. I've parked on this road since we bought the property in 2007 with no hassle. Recently my wife received a PCN in an identical circumstance. It was cancelled on appeal. My initial appeal has been rejected. Please note that the council has recently contracted out traffic enforcement. I live in Beverley, East Riding of Yorkshire. I have photographic evidence to support my appeal.
Province/Country relating to question : UK, East Yorks
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Who is the issuer?
East Riding of Yorkshire Council CPE
OK. Whats the contravention code?
Sorry, I don't have the pcn to hand. Basically they are saying I was parked on a double yellow line.
Ok.You obviously have to park on double yellow lines to commit that offence. If you did not then you should be appealing.The fact that they didn't cancel on first appeal doesn't really mean anything. Councils often don't and then throw their hand in later. Obviously though it is surprising that they are pursuing this if there are no lines at all at this location. I don't know whether they are saying that you were overhanging into double yellows?It may be just that it hasn't been examined by a lawyer if they have recently contracted out.Make sure you take photographs of the area as they have been known to paint over the lines when they find they are non compliant.Also, you can ask for a copy of the Traffic Management Order to ascertain whether or not they even have authority to have double yellow lines at this location.Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
If you can visualise the main road, with double yellows. Coming off that main road is a single track lane, it goes to the rear of my property. In their rejection letter they are saying that everything behind those yellow lines, i.e. on the lane, off the road is covered. I sent them pics, it's very clear that my car is off the road and not on the double yellow lines, at all.
The double yellow lines go across the entrance to the lane. I'm up for taking it further if there's a chance of success, if not I'll pay the £35.
What do you suggest?
Well, it depends.If you are saying that you were parked on the pavement effectively rather than the tarmac of the road then I know that the local councils do regularly ticket that for the offence that would have been committed if you had parked on the road.I must admit that I am at a loss to see the logic of this. There is an offence in parking on a pavement committed in some circumstances. Parking on a pavement does not involve committing the offence that would have been committed if you had parked on the tarmac in that way.However, some Adjudicators are letting them get away with it and some are not.Overall, I think I would probably appeal but it does carry risk and its really for you to decide whether you are willing to run that risk.
Bar Exams, over 5 years in practice
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