Free Traffic Legal Advice

Hi everyone,

I got a PCN today - Contravention Code 01: Parked in a Restricted Street during prescribed hours.

Location - https://maps.app.goo.gl/U69V8k5h5UfaCdzw7

I parked on Sunday 05 November at 14.34pm on a single yellow line (Stanlake Villas) in Shepherds Bush, West London (Hammersmith & Fulham).

My defence is that I couldn’t see any road markings or signs at the entrance or exit anywhere on the roads. I tool pics to show prove this.

I just wanted to ask if anyone had experienced this and if someone has any appeal letters they could share.

Any advice would be really appreciated.

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You will have parked in a CPZ.
Take a look at
https://www.lbhf.gov.uk/parking/pay-and-display/map-controlled-parking-zones

and determine where you entered the zone. At that point there should have been a sign with the CPZ hours.

Thank you for your reply.

That's the issue. There was no signs at the entrance of the road or on the road anywhere. I did take pics. I have never got a pcn and this council borough is a place I've never been.

If there's any defence and if anyone has experience who's gone through this or successfully appealed, any letter would be appreciated.

CPZ JJ Monday to Sunday 9 til 9

https://www.google.com/maps/d/u/0/viewer?mid=19Azi5jTTEnWfrjOLNqy-CG5btpw21Q_6&ll=51.506887601714084%2C-0.23178299999999208&z=16

Not seeing the signs, and the signs not being there to see, are two different things. The latter means you would win an adjudication, for the former, you would have to show the signs were positioned in such a way as to make it difficult or impossible for a prudent and careful  motorist to see.

Quote from: mdar50743 on November 05, 2023, 10:21:11 pm

I have never been to this borough before and never checked the H&F map as it was a Sunday and it was a yellow line. I never saw the signs at any of the points when I crossed the boundary of zone.

Whether you saw the signs is neither here nor there. Please try and work out exactly where you entered the zone and then we can look into whether the zone is adequately signed.

The traffic order is The Hammersmith and Fulham (Waiting and Loading Restriction) (Consolidation) Order 2020, which doesn't appear to create any zones at all. Therefore the CPZ argument as per Josephine Dayan v London Borough of Barnet (2220227611, 18 May 2022), Philip Cohen v London Borough of Barnet (2230112354, 29 March 2023) and Alessandro Di Lieto v London Borough of Croydon (2230436990, 04 November 2023) could be used. However this is not a universally held view, in Arie Cohen v London Borough of Barnet (2230309665, 27 July 2023) adjudicator Teresa Brennan rejected it, so it's best to argue the signage as well if we possibly can.

Thank you for your reply.

I've done exactly what you suggested and checked my route coming in to the area. I have attached the photo.

If I am honest, I didn't see this sign. The sign was not clear enough as I was driving at 20 pmh and there was a pelican crossing so I was checking for people crossing and speed camera in front of me.

I just wanted to know what is the understanding of a clear sign.

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We need to turn to the 'small print' on the PCN, wherein there may be errors, possibly fatal to its enforcement.

The image you posted is out of focus in the lower half
Please repost a clearer image and also the other side.

That said, is this your first time in Greater London (which is almost entirely covered by CPZs) or a large conurbation?

Apology, I don't have a great camera on my phone. I have attached a photo of the blurred section.

Unfortunately, I live in Greater London but this is the first time in this London Borough.

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I think your best bet is the CPZ argument, which the council won't understand (so that will be a failure to consider).

I've also noticed in quite a few recent CPZ cases, the council has simply failed to provide adequate evidence of signage.

If you want to pursue this let us know and I'll draft something for you.

Thank you for your reply.

I think you're definitely more experienced than me in this so will take your advice on th CPZ argument.

If you could draft something that would be very kind of you. I would really appreciate it. Many thanks 

Hi, can anyone help me with a draft for an appeal? Many thanks