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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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Dear Jo, The Council fined the entire side of our street on

Customer Question

Dear Jo,The Council fined the entire side of our street on the Easter Bank Holiday due to a yellow line restriction on this side only. The residents, including me, just forgot to move their cars on the Monday morning. The council didn't consult us before the line was introduced. It restricts parking Mon to Fri 8am to 6pm.
They have refused my challenge as no mitigating circumstances.
The reason for the yellow line is the sewage workers moving heavy equipment up and down the street. They were not working on the bank holiday. Is this fair that we got fined? Can we do anything about it?
Thanks
Gemma
Submitted: 12 days ago.
Category: Law
Expert:  F E Smith replied 12 days ago.

Hello for clarification - did they let the street know what was going to happen?

and everyone was ticketed?

Customer: replied 12 days ago.
The yellow line has been in force since January I think. We knew it was there and parked on it and would usually move before the time each Monday. I guess most people forgot. They did send a letter to let us know the line would be there. They didn't let anyone know that the traffic warden was there. Not sure if that's what you meant. They could easily have knocked on the door but not sure they would ever do that!
They ticketed every car that was on this side, (wish I'd taken a photograph as they have many of my car). I'm not sure if that covers every resident but most. 2 in our house, 2 next door one side, also 1 next door the other side for definite.
Expert:  F E Smith replied 12 days ago.

Unless there is a restriction that the parking doesn’t apply on bank holidays then it applies on bank holidays.

I can tell you now that the council have probably been quite shrewd here and have anticipated everybody treating a bank holiday Monday like a weekend and either forgetting to move their car or presuming that they didn’t need to. They have treated this like a little cash machine!

You can appeal this on the basis that the ticket is unfair and it’s unfair because of the reason the line is in place and it’s a bank holiday.

The Council will not routinely quash a parking ticket because it’s money for them.

I assume that you have been sent Notice of Rejection and your next course of action therefore is to take the matter to the independent adjudicator. It’s better if all 5 you do that at the same time assuming that all 5 of you have appealed to the council.

Bear in mind that you have now lost the right to pay the reduced penalty.

Here is the link to the Traffic Penalty Tribunal https://www.trafficpenaltytribunal.gov.uk/

and the good news is that it’s free.

There are different tribunals for London, Scotland and Northern Ireland.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.