Advice on Challenging a Penalty Charge Notice (parking ticket)

The fact that there were yellow lines there told me "no parking on double yellows." I had no idea this extended to the pavement. I didn't park on the pavement for the purpose of avoiding the yellow lines specifically, I parked there because I thought they were part of the property owner's property -- an extension of their drive. It's really difficult to explain without a photo. I honestly thought of it as part of their drive.

I'm not sure what you thought is going to help you too much. The law seems pretty clear. You did park in a restricted street (as indicated by the double yellow lines) and as one of the links posted says "Waiting restrictions cover the highway from centre of highway to back of footpath". Unless you can prove that where your car was parked was wholly a private driveway as opposed to a public sidewalk, I doubt your appeal's going anywhere. Maybe some pictures would help your cause? Did you take one with your car parked there with the ticket attached to it?

I did take photos, yes. My husband brought my camera as soon as I called him to tell him about the PCN.

I'm not disagreeing with anyone about what the law is...but I was not aware of it. It's not listed that way in the highway code, and unless someone specifially looks it up on the council website, they would have no way of knowing either. I appreciate the information is posted there, but the fact that I am not the only one who didn't know this only justifies the unfairness of the ticket. How else should motorists know unless they're doing consistent google searches online for the information? I have a clear understanding of road markings and it wasn't as if I was trying to get away with anything...I honestly didn't know...simple as.

I'm not disagreeing with anyone about what the law is...but I was not aware of it.

"Ignorance is no excuse in the eyes of the law"?

It's not listed that way in the highway code, and unless someone specifially looks it up on the council website, they would have no way of knowing either.

The Highway Code does not claim to be a definitive definition of the law of the road. Some of it is commonsense advice, a lot of it is abridged descriptions of various traffic laws with a reference to the actual law(s) themselves. I just searched for information on speed cameras and found... nothing. Would you likewise appeal against a speed camera ticket on the basis that is was unreasonable to have to look up the law regarding them on the web?

I really think you'll have more chance of appealing this by sticking to the argument that the vehicle was in a driveway, not on the sidewalk and submitting photos to back up that claim.

The Highway Code does not claim to be a definitive definition of the law of the road. Some of it is commonsense advice, a lot of it is abridged descriptions of various traffic laws with a reference to the actual law(s) themselves. I just searched for information on speed cameras and found... nothing. Would you likewise appeal against a speed camera ticket on the basis that is was unreasonable to have to look up the law regarding them on the web?

Common sense tells someone DON'T SPEED in the first place, and if you're going to make the choice to do so, don't do it in front a speed camera. Now that's just silly. Plus, the concept of a speed camera is not up for any interpretation...you speed, you get flashed. Double yellows painted IN A ROAD tell me, don't park on the double yellows...and I didn't. But the ticket I received said nothing about the yellow lines or parking on the pavement. I'm not stupid and the fact that the property owners were even baffled by the charge only justifies my reason for challenging it.

There is nothing that lacks common sense about parking at someone's property for months on end because you were told to park there and didn't have any reason otherwise to think it wasn't okay. It's their property and their drive. Fair enough if there was a sign that stated "NO PARKING" or something posted about parking being restricted where I was parked...but even speed cameras have warning signs that you're approaching an area with speed cameras.

Sorry...but I'm finished here. I came on posting for advice on challenging the ticket. That's all. Not to sit and have my intelligence insulted and to be made to feel like I need to defend myself to people.

Thank you to those of you who supplied helpful links with information and brought up valid points. It has certainly helped give me things to consider.

Unfortunately the restriction of the yellow lines does apply "behind" them, on the pavement/footpath or verge, to the extent that such is considered to be part of the public highway. 

It's not unknown for enforcement officials to be overzealous though, and try ticketing cars on private land.  If it appears that the piece of ground on which you parked actually belongs to the house in question rather than the public highway, then I would certainly try to ascertain the precise boundary.  I would assume that the owner of the house should know exactly where his land ends.

Even if you shouldn't have parked there, however, all may not be lost.  Sometimes the penalty notices are not completed correctly, or the instructions printed on the back about appeals, payments etc. are incorrect, which makes the ticket void.

I would suggest running the details past the guys on this forum, who have a wealth of knowledge about the intricacies of the system:

http://www.pepipoo.com

By the way, sorry if this is a silly query, but I assume you are certain that this is a ticket issued by or on behalf of the local authority and not by one of numerous private enforcement companies operating on private land.

By the way, sorry if this is a silly query, but I assume you are certain that this is a ticket issued by or on behalf of the local authority and not by one of numerous private enforcement companies operating on private land.

No, it's definitely from Dudley Metropolitan Borough Council. That was the first thing I checked.

No, it's definitely from Dudley Metropolitan Borough Council. That was the first thing I checked.

O.K. - Just that if it was from a private parking-enforcement company you could just tear it up and forget about it.   Looks like the question of the land ownership and/or any errors on the ticket which would make it invalid will be your options then.

If you speak to the council people, it might just help if they accept to cancel the ticket, otherwise you might end up paying. I have had a similar experince recently, read here for more.