Free Traffic Legal Advice

Good afternoon,

I've searched through the forum but haven't been able to find any posts relating to a similar issue.

I recently received a parking ticket from Lancashire County Council. The stated contravention is Code 12 – Parked in a residents' parking zone without clearly displaying a valid permit.

My concern is that where I parked—at the end of Barbon Street, Burnley— there were no signs whatsoever indicating that it is a permit-only area. Additionally, there are no bay markings or painted restrictions on the road surface. Based on a quick Google Maps check and on-site observation, the nearest sign indicating a permit zone is approximately 75 metres away. The signs only appear to be located at the entrances to each street branching off the main road (Casterton avenue), and not within the streets themselves.

The area where I parked appears more like an open, unmarked car park than a restricted residential zone. I’ve attached a photo with the location in question outlined in red, along with a screenshot showing the distance to the nearest sign, measured on Google Maps.

One additional point to make. There was a 15 minute delay between the Enforcement officer photographing said ticket on my car, and taking a photograph of the permit zone signage 75 metres away.

I initially submitted an informal challenge to LCC, which was rejected the following morning. I'm now awaiting the Notice to Owner and intend to make a formal representation once it arrives.

I’d really appreciate any feedback, particularly regarding the absence of signage and whether this could form the basis of a valid appeal.


Thanks in advance for your help.

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+1
These PPAs are the invention of the Devil, because far too many councils only put up signs at the entrances to the restricted area. If you miss seeing this, one can easily assume it is OK to park. As far as I can see, your only hope is lack of repeater signs, or a missing sign on your route to Barbon St.

I think the county council's view is that there shouldn't be a gateway sign in Barbon because it's totally contained within a larger area whose vehicle entrances are Killington and Mansergh.

However, the Barbon turning off Briercliffe does NOT prohibit vehicular traffic as such(that is, there isn't a traffic sign to this effect) it's simply got concrete bollards spaced such that a car couldn't enter but a motorcycle could.

A motorcycle is a motor vehicle and therefore 'vehicular traffic' and IMO a PPA sign should be placed there.

"permit parking area”
 an area—
(a)
into which each entrance for vehicular traffic has been indicated by the sign provided for at item 5 of the sign table in Part 3 of Schedule 5; and

(b)
where any parking place within that area reserved for the use of the permit holders as indicated on that sign is not shown by markings on the road (whether or not an upright sign is placed next to, or near, such a parking place to indicate that only the permit holders in question may use the place)


And the contravention grounds are incorrect...the printer has been misaligned. The full grounds are:

Parked in a residents’ or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge[/b].

The highlighted part is missing.

IMO, yes.

How can you 'plead' a defence so to speak unless you know in full what's being alleged?