Below is a draft, I would appreciate an opinion about it.
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Dear Sir or Madam,
I make formal representations against the above Penalty Charge Notice on the ground that the alleged contravention did not occur.
The restriction at the location is not adequately or lawfully conveyed for the following reasons:
Sign Clutter and Lack of Clarity
The restriction signage is positioned within an area containing an excessive number of traffic signs in a confined space. The density and proximity of multiple signs materially impair a motorist’s ability to clearly and safely identify the relevant restriction while driving.
Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 requires that restrictions be adequately conveyed. In this instance, the sign clutter renders the restriction insufficiently clear and therefore unenforceable.
Non-Compliant Supplementary Plate
The supplementary plate beneath the “No Motor Vehicles” sign appears to lack a clearly defined permit identifier. Where an exemption applies to permit holders, the relevant class of permit must be expressly specified in accordance with the Traffic Signs Regulations and General Directions (TSRGD).
In the absence of a defined permit identifier (e.g. specific permit code or zone reference), the signage fails to clearly communicate the scope of the exemption. This creates ambiguity and does not meet the requirement that restrictions must be clearly and lawfully signed.
For signage to be enforceable, it must be clear, adequate, and compliant. In this instance, the combination of excessive sign clutter and the absence of a defined permit identifier renders the restriction insufficiently conveyed.
In light of the above, I request that the PCN be cancelled.
I look forward to your confirmation.
Yours faithfully,
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I was also wondering if it would be advisable or not to add the following:
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In light of the above, I require the Council to provide:
- A copy of the relevant Traffic Management Order in force at the time of the alleged contravention
- Evidence that the signage at the location complies with TSRGD 2016 or, alternatively, a copy of any special authorisation from the Secretary of State
- Maintenance and installation records confirming that signage was correctly positioned and compliant on the date in question
- Unless the Council can demonstrate full compliance with its statutory duty to adequately convey the restriction, the alleged contravention cannot be sustained.
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Thanks in advance
