Free Traffic Legal Advice

Please also post up the rest of the PCN and any other docs you received at the pound.

You will be making reps against two things -
a) the PCN - if successful, all monies will be refunded
b) against the tow - even if the PCN stands, the tow may be disproportionate.

Their pics don't show anything about where your car and the sign were.

Where's the order?

This is not a suspension, it's the imposition of a restriction made under a temporary traffic order(TTRO).

So, where is it? What does it impose upon the council? Have they complied?

As regards the contravention:

Contravention did not occur.

I was parked as seen in the authority's photos and at the time alleged. I had parked the previous day, 13 March, in what at that time was an unrestricted street. At the time of parking, there were no signs of the type shown in the evidence in the vicinity of my vehicle. It therefore follows that either these were displayed, but of insufficient number and/or inadequate locations to alert drivers in what was an otherwise unrestricted street, or the signs were not displayed at all.

I also refer the authority to the PCN and contravention description therein:

Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force(temporary traffic order[/b]).' (my emphasis).

Given the nature of the works, 'gully cleaning', it naturally follows that this restriction, which lasted for only 1 day, was part of a rolling programme of works which, as far as the council are concerned, necessitates the imposition by order of waiting etc. restrictions and subsequent removal of offending vehicles to facilitate access to the gully pots. However, the fact that these restrictions are imposed by order(s.14(1) RTRA refers) brings them within the scope of The Road Traffic (Temporary Restrictions) Procedure Regulations 1992. In particular, Part III of the Schedule which provides:

7.  The authority shall take such steps as are necessary to secure—

(a)before the instument comes into force, the placing on or near each road to which the instrument relates of such traffic signs in such positions as the authority may consider requisite for the purposes of securing that adequate information as to the effect of the instrument is made available to persons using the road;


As stated above, there were no signs in the vicinity of my car when I parked. In addition, the single photo of the sign in evidence doesn't give any indication as to its situation vis a vis my car, for all the authority know from the photo this and my car could have been at opposite ends of the road and/or on different sides.

In light of these representations and the Secretary of State's Statutory Guidance(which on this point requires the authority to consider my representations on an equal footing with the CEO's notes and photos unless the contrary is clear) the authority must as a minimum consult the TTRO, establish exactly where my car was parked and the situation of traffic signs on my side of the road and when erected.


Some thoughts.

I am putting my appeal together and notice than on the Waltham Forest application form for a Temporary Traffic Order under temporary parking ban (where there are no existing parking controls) it states :

You must provide warning signs at all affected parking places at least 10-days in advance
stating the dates and times of the temporary restriction; and notify affected residents and
businesses by letter. Photos of the warning signs in place must be sent to
parking.services@walthamforest.gov.uk so that we can verify sufficient warning has been
given.
On the restriction date(s) the correct ‘no waiting’ cones and/or signs must be in place. If
parking enforcement is found necessary call 020 3092 0112 (select option 5).

The council have told me that the notices went up at 12.42pm on 11/03 - the suspension came into force at 7am on the 14th so this is not even a full 3 days let alone 10 - is the above grounds for appeal also? There was also not notification to affected residents by letter.