Free Traffic Legal Advice

You just need to make a challenge as below. See what others say first though.

I am challenging the contravention on the grounds that it did not occur as there does not appear to be an upright sign for a different bay at the location, only signs for pay and display parking.
I have reviewed the pictures taking by your CEO and there is no picture of an upright sign showing a bay for a different class of vehicle.
I feel this PCN has been issued in error and look forward to your early confirmation of cancellation.

thanks, do you think, I can put an appeal with this text and someone may get back by Friday and if not I just pay it before 14 days end as paying full or more would be way too much. there is no contact number to speak to a real person in this case, unfortunately.

I am challenging the contravention on the grounds that it did not occur as there does not appear to be an upright sign for a different bay at the location, only signs for pay and display parking.
I have reviewed the pictures taking by your CEO and there is no picture of an upright sign showing a bay for a different class of vehicle.
I feel this PCN has been issued in error and look forward to your early confirmation of cancellation.

TSRGD 2016 does not require upright signs to be placed at each parking bay and road markings are sufficient to indicate parking bays. It states vertical sign could be omitted if road marking clearly describes a 24/7 restriction.

Repeater signs are especially not required: Mr C – v – Cheshire West and Chester Council
(AW00054-2210)

That being said the markings on the road are not clear and maintained either; this should be included in any appeal in my opinion. Citizens Advice states this but it would be good to quote an adjudicator case reference: https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/when-to-appeal-a-parking-ticket/#:~:text=The%20parking%20signs%20or%20road,any%20road%20markings%20or%20signs

There is also a duty on the CEO to make sure the road markings are clear so technically the CEO performed a technical improprierity by issuing a PCN on an unclear road marking This can be seen within London Councils Code of Practice on Civil Parking Enforcement (Part 1 of 2) requires the following,
[19] CEO duties include: "checking and reporting defective traffic signs and road markings including signs that are missing, obscured or damaged and broken or faded road markings"

Hope this helps. Some of the more experience forum members will surely add on.

Follow the appeal process, otherwise it would be messy.

Edinburgh City Council usually allow you a further 14 days to pay the discount rate when you recieve a Notice of Rejection.

thanks, where can I confirm that I would get 14 days discounted rate even after the appeal rejection? Any links etc. That would give me a bit more confidence to fight my case.

Quote from: ezycraf on September 05, 2024, 10:04:33 am

Quote from: Daim456 on September 03, 2024, 08:32:16 pm

Follow the appeal process, otherwise it would be messy.

Edinburgh City Council usually allow you a further 14 days to pay the discount rate when you recieve a Notice of Rejection.

thanks, where can I confirm that I would get 14 days discounted rate even after the appeal rejection? Any links etc. That would give me a bit more confidence to fight my case.

There's normally something about this in the small print on the back of the PCN. Look in 'how to challenge'

I checked I can't find anything on the PCN or online. Can someone confirm from experience or any info suggesting that it is the case would be really useful. thanks

Edinburg Council Parking Enforcement Protocol is clear that no signs are required on motorcycle bays : https://www.edinburgh.gov.uk/downloads/file/31423/parking-enforcement-protocol-v3-october-2022

OP I would stand up for my values and fight this PCN, it is clear they are exploiting motorists while refusing to invest in making legally compliant bays.
You should invest some time on this site: https://www.keycases.info/

Mr H – v – Nottingham City Council (NG00056-2402) stated the following:

- Signs and lines must adequately advise the motorist of the restriction, but do not need to be in pristine condition. Substantial compliance with the regulations is sufficient, but signs must not mislead or fail to inform.
- There is no requirement on the civil enforcement officer to record the model of the vehicle.
- There is no right to an observation period or period of grace.
- The 50% discount is offered to the penalty charge notice only – any further discount is at the council’s discretion.
- The authority has a period of six months to serve the Notice to Owner.

Within the decision:

5. The paintwork of the double yellow lines and of the single yellow kerb marks does not need to be in perfect condition but must substantially comply with the specification. The
key question is whether the extent of any deterioration in the marking is such that the position becomes misleading or fails to inform the motorist (Court of Appeal in R v the
Parking Adjudicator and Sunderland City Council ex parte Herron and another [2011] EWCA Civ 905).
[/quote]

I think in your matter it is clear the extent of any deterioration in the marking is such that the position becomes misleading or fails to inform the motorist.
I would dig out and read this case: Court of Appeal in R v the Parking Adjudicator and Sunderland City Council ex parte Herron and another [2011] EWCA Civ 905