Re PCN **********
The authority asserts that at the location there is a lawful parking place designated and restricted under a TMO and signed in accordance with its obligations under The Local Authorities' Traffic Order(Procedure) (England and Wales) Regulations 1996 (LATOR)* and that I was parked in contravention.
I assert that the location cannot lawfully be a parking place because it is located within the scope of a 24/7 no waiting restriction.
That these two restrictions co-exist, at least in theory, cannot be disputed(and I should appreciate it if the authority did not attempt to do so) because the council, of which the authority is a constituent and subordinate part, has produced this in diagrammatic form on Trafweb which records all traffic etc. restrictions in the borough. This is also confirmed by GSV. Snapshots of both are enclosed.
Therefore, having accepted that both a 24/7 waiting restriction and a part-time parking place are de facto marked on the road, what is the legal effect as regards the 'parking place'? I assert that the part of the footway bounded by the parking place markings cannot be considered to be a parking place and enforced as such because objectively it fails the LATOR test because there are no prescribed or authorised traffic signs for a parking place cum waiting restriction. It therefore follows that the PCN must be cancelled.
In its response, I should be grateful if the authority would deal with the principal issue of my grounds and not belabour the actions of the CEO and contents of the PCN.
* Traffic signs
18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—
(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
(b)the maintenance of such signs for so long as the order remains in force