Free Traffic Legal Advice

What is the car VRM/numberplate.

Post the PCN.

Looks rather petty to me - it does look like a narrow bay.

It is a controlled zone but there are no parking signs in the bays - we can look at the traffic order.

@Fuzzed...
the PCN isn't for parking during controlled hours, it's for outside of bay... but if there is no sign for that bay then the bay may not be enforceable in which case it's the wrong contravention.

Does the controlled sign at the front of the zone not count?

NO. See the legal definition of a CPZ https://www.legislation.gov.uk/uksi/2016/362/schedule/1/made

In short, as already posted, it has no effect in what purportedly is a parking space.

But it isn't because the only time when a sign may be dispensed with within a CPZ is when there are road markings which give effect to a 24/7 restriction which may be conveyed by such markings e.g. disabled, loading etc.

They're stuffed, but whether they want to continue to lie to get you to pay, who knows?

Training and professionalism in civil parking enforcement
Once a solid foundation of policies, legitimate TROs and clear and lawful signs and lines are in place, the success of civil parking enforcement will depend on the dedication and quality of the staff that deliver it.

It is essential to give staff at all levels the skills and training to do their jobs effectively if the service is to command public confidence and respect.

.....

Civil enforcement officers
CEOs are the public face of civil parking enforcement and the way they perform their functions is crucial to the success, and public perception, of an authority’s operation. It is recommended that all CEOs achieve minimum standards through recognised training courses.

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CEOs’ traffic management duties will also include related activities such as the following:

inspecting parking equipment
checking and reporting defective traffic signs and road markings


Not my words, the Secretary of State for Transport in their Statutory Guidance to authorities to which they 'must have regard'!

Or am I missing the point?

Yes.

Schedules 5 and 7?

https://www.legislation.gov.uk/uksi/2016/362/schedule/5/made

https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made

Waiting is waiting - with yellow lines(CPZ), without yellow lines(Restricted Parking Zone).

Your alleged contravention refers to you being outside parking place markings, nothing to do with waiting restrictions.

Do you live nearby, if so I suggest taking a tape measure to the bay because it does seem narrow: min. width 1.8m. Also, min. length 4.5m. IMO, the width of the road doesn't give rise to any reason for the council to depart from these measurements.

I'm not sure Bromley counts this zone as a CPZ as it's not listed on its site, only ones in Bromley town centre. This is similar to Redbridge, which has some yellow line only CPZs (with no parking bays).

But here there are bays, which should have signs. For the record this is what Bromley says about CPZs:

An area where a controlled parking zone (CPZ) applies includes a number of roads where waiting restrictions apply at a specified time.  The times of restriction are indicated by signs placed on the entrances and exits to the zone.  Individual signs will only be present within a CPZ where a restriction varies to the rest of the zone, i.e. disabled bays, loading bays, permit bays and yellow lines where the restriction times differ to those shown on the zone plates.

If this bay is enforceable which it probably isn't there is this.

---------

Case reference   2240374029
Authority   London Borough of Havering

Contravention date   13 Nov 2023
Contravention time   18:04:00
Contravention location   High Street
Penalty amount   GBP 80.00
Contravention   Not parked correctly within markings of bay/space
   
Decision Date   13 Nov 2024
Adjudicator   Alastair Mcfarlane
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   This case comes before me following the making of a witness statement and I therefore consider the merits afresh.
The Council's case is that the Appellant's vehicle was not parked correctly within the markings of the bay in Romford High Street on 13 November 2023. A penalty charge notice was issued at 1804.
The Appellant states that there was no error with his parking and that he did park within the bay provided and explained the difficulties were caused by a lorry in front of him and a car behind him. He refers to front tyre being out of the bay.
The Council rely upon the evidence of its civil enforcement officer. Whilst these are dark, it can be seen that the entire front wheel of the Appellant's vehicle is within the adjacent loading only bay.
However there is no evidence before me any condition to park fully within the bay has been communicated to the motorist. The Council describe the bay as a parking bay and that the vehicle was straddling into a loading bay. However it is a requirement for delegated legislation that the obligation to park fully within the bay must be communicated.
As there is no evidence before me as to how this was done for the bay in question, the appeal must be allowed.

For the record this is what Bromley says about CPZs:

An area where a controlled parking zone (CPZ) applies includes a number of roads where waiting restrictions apply at a specified time.  The times of restriction are indicated by signs placed on the entrances and exits to the zone.  Individual signs will only be present within a CPZ where a restriction varies to the rest of the zone, i.e. disabled bays, loading bays, permit bays and yellow lines where the restriction times differ to those shown on the zone plates.

It's breathtaking in its arrogance.

A CPZ exists only by virtue of the entrance signs (providing markings comply)and these convey what the law, not b****y Bromley, prescribes. You cannot have the same sign meaning different things in different places!

There are options for councils:
Controlled” may be varied to “Meter”, “Disc”, “Ticket”, “Disc and Meter”, “Disc and Ticket” or “Pay and Display