Rotherfield Road Sutton Council

Any advice on this?

Please tell us exactly where your car was parked.

Post the PCN number and VRM.

Sorry post doesnt refresh didnt see

@Incandescent and others

Parked exactly here 

Its on the edge of double yellow with blue badge


The no waiting restriction lines are pretty much rubbed off the kerb where it was parked, the only one you can see is at the start of the double yellow way away from where it was parked,

when I went back to take a closer look you can only see the remnants of the kerb line

Any thoughts?  I have to send appeal today if its not going to double the fine

The sign is very close, almost right by your car, if I understand correctly where you parked. On the other hand, if the kerb blips were almost gone as it seems is the case, then you have been mislead by inadequate signage. Adequacy of signage is a duty on the council under Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996



So I suggest you submit representations based on this, and also point out you are a BB holder, and rely on clear sign  indications when parking with your BB on yellow lines. Post up their response when you get it.

@Incandescent

Rejected

'The penalty charge notice was issued to the vehicle because it was parked on a
double yellow line loading restriction. Loading restrictions are indicated by yellow
chevrons on the kerb and the times are shown on the nearby post mounted
plates. If a loading restriction is in force a contravention is committed as soon as a
vehicle is seen at the kerbside with or without the engine running and not in a
stationary queue of traffic. I regret that as the disabled badge scheme does not
allow badge holders to park on a loading restriction we are unable to withdraw the
penalty.

Your comments regarding the signage and markings in respect of this restriction
have been considered, however having reviewed our Officer’s evidence I am
satisfied that the signage and markings are sufficiently clear for a motorist to
establish that a loading restriction is in place'

Thoughts?

Please post their letter.

The next stage is they will serve a Notice to Owner to the person and address on the V5C Registration Certificate. Is this you, and is it up-to-date ?

however having reviewed our Officer’s evidence I am
satisfied that the signage and markings are sufficiently clear for a motorist to
establish that a loading restriction is in place

I don't see how we can comment because we've not seen the 'Officer's evidence'.

In addition to posting their reply you must let us have the VRM so we can access this evidence and advise. This is exactly the evidence an adjudicator would see.

Thanks both, attached

Yes details on V5 are correct


The letter







The evidence




https://ibb.co/KpdYwqyh

The no loading sign is no where near the parked area where the kerb loading stripes have been worn away, except at the end of the road

?

VRM ?

Why does it need my registration?

Why does it need my registration?

So we can see their evidence on their website. This is accessed by quoting PCN number and car reg.

The no loading sign is no where near the parked area where the kerb loading stripes have been worn away, except at the end of the road

As regards the correct signage (and markings are 'traffic signs'), then their sign is redundant and would indicate their laziness at removing signs after the 2016 Traffic Signs etc. came into effect- but this isn't a defence in itself but indicative of their ignorance as they referred to it, and by implication are relying upon it, in their reasoning and response.

DYL on their own convey a 24/7 waiting restriction;
Double kerb blips(DKB)similarly for loading.

So, forget the sign pl.

Without your VRM we have to rely on you accessing their photos. So, do these show your car parked on clear DYL with associated DKB

Thanks yes the no loading sign isnt near the parked area and the sign is turned to the pavement side. The photos I have uploaded already here, these are the ones from the website