SYL PCN Edinburgh Help!

[kipsta]

Hello,

Should I pay? how would I word my initial appeal letter?

 

I recieved a ticket, offence 02 for parking/loading or unloading on a SYL which I think is unfair and do not wish to pay.

First off the ticket was not attached to the vehicle, could have been placed under the window wiper at some point as I know they have to take pics of the ticket and your tax disc, but the ticket has adhesive strips to attach to your windscreen to pervent it blowing off but these were not used as they still had the bit you are supposed to peel off attached.

Is the PCN legally issued if the PCN is just being supported by your wiper, and not actually attached to your car using the sticky strips provided on the back of the PCN? in the hope the wind doesn't blow it away!

 

The single yellow line appears to be broken into 2 separate sections by building works that extend over the pavement and approx 1.5m into the road and on top of the yellow line, if it is still there under all the dust and builders rubble.

 

I parked on the right hand side of the temporary (6 months so far) fenced off construction area. There is no sign stating any restrictions in the place I parked, the sign is on the other side of the construction area, left hand side.

like this:

~~~~~~buildings~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ l

_________________PCN sign_l_____________l_________________l ______pavement___________l_____________l _______________l

~~~~~~~road~~~~~~~~~l~~~works~~~l~l skip l~l mycar l~~l

~~~~~~~~~~~~~~~~~~l~~~~~~~~~~l~~~~~~~~~~~~~l

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l

 

The road turns left approx 3 car lengths behind where my car was parked with the SYL terminating and turning into DYL on the corner, don't know what is round the corner.

 

The construction area is about 3m in length, more if you include the skip I parked behind. So the SYL is not visible due to building works as they are effectively using it as a construction area, I suspect, when the builders eventually finish we will see, it may indeed be 1 complete SYL, but until they do it is quite impossible to tell! and I've been given this ticket!

 

The ticket was recieved outside the main Edinburgh PCZ in coburg st.

The restrictions in place on the small section of SYL at the other end of the construction site states no loading/unloading between 16:30 and 18:30, The ticket was issued at 16:37.

The road is really wide where I parked, approx 1 and half lengths of a double decker bus! the buildings are all residential converted from business premises and I was half way up 5 flights of stairs with a heavy wardrobe at 16:37, and returned to my vehicle at 16:43 where I found the ticket on the ground next to drivers door on the pavement side.

 

Any help advice appreciated, don't know if Davies v Heatley applies or some other rule re: construction works and parking signage or the PCN not issued correctly due to not being attached to vehicle.

Thanks for any help you can give.

Edited January 6, 2009 by kipsta
diagram not showing correct

[kipsta]

My mother was admitted to hospital with serious illness last night so I'm just going to pay it as I can't deal with this right now.

Another consumer shafted.

Cheers for all your help!