I wonder if anyone would kindly let me know their thoughts on the below formal representations I intend to submit tomorrow? Thanks!
Re.
PCN GR14257601 – 5th February
and PCN GR14259662 - 5th March
Vehicle reg. XXXXX
To whom it may concern,
I do not deem that the alleged contravention occurred, thus this PCN 14257601 issued on 5th Feb is not valid. Similarly, the alleged contravention in relation to PCN 14259662 issued on 5th Mar did not occur. The basis for these statements is the same for both PCNs and I issue these formal representations in relation to both PCNs.
There is no signage on Norman Road to indicate that parking at the location in question is subject to any restrictions. For this reason, I parked my car at this location, being a single yellow line marked section of Norman Road. After receiving this PCN, I investigated further by walking around the surrounding area, and found the following:
1. There is signage elsewhere on Norman Road accompanying marked parking bays, indicating specific parking restrictions for those locations.
2. There is also signage on surrounding streets indicating parking is subject to specific restrictions. This signage accompanies single yellow lines as well as marked parking bays. Thus one would deduce parking restrictions in force for yellow lines and parking bays on those streets.
a. For instance, on the adjacent Tarves Way, signage accompanies marked parking bays to indicate parking for electric vehicles only, in one instance, car club cars only, in another instance, and separate signage accompanies a yellow line to indicate parking for business permit parking only between specific hours (09:00 to 10:00).
b. Another example is the adjacent Haddo Street, where signage accompanying the single yellow line indicates parking for resident and business permit holders only between specific hours (Mon-Sat 09:00 to 17:00 and Sun 09:00 to 18:00)
3. Given the absence of such signage accompanying the single yellow line on Norman Road, one would deduce there are no parking restrictions in force for the single yellow line on Norman Road.
Based on this, I judged that no contravention occurred and the PCN was issued in error.
I received a further PCN,14259662, issued on 5th Mar, after parking again a few metres along the street from the location where I parked when the first PCN was issued.
For the same reasons as above, I judge that no contravention occurred and this PCN was also issued in error. Upon further research, I discovered on the website of Greenwich council that Norman Road is considered to be part of the ‘Greenwich town centre’ controlled parking zone. A big surprise to me, as I do not recall passing any signage to indicate this, and there is no mention of the presence of a CPZ in either the PCN, the evidence accompanying the PCN online, or the notice to owner.
In addition, most would not consider Norman Road to be part of Greenwich town centre. The area of Greenwich commonly referred to as the town centre is typically located around the Greenwich Market and the area surrounding the Royal Observatory and Greenwich Park.
I went back to the location where I would have passed the controlled parking zone entry signs – this would have been on the A206, close to the junction with King William Walk, as I was coming in from the Blackwall Tunnel. CPZ entry signs are present, however I do not believe any reasonable motorist would have expected that the restrictions on the sign would be in force all the way over at Norman Road (halfway to Deptford!).
Upon further research and in line with the above, I found that the council has failed to have proper regard to the guidance from the Secretary of State on Parking Policy and Enforcement which very clearly expresses the view that a motorist cannot reasonably be expected to read, understand and remember the parking restrictions at the entrance to a CPZ that covers an area of more than a dozen streets.
The general rule is that there is no requirement to have signs in individual streets where the location is part of a CPZ. Where there is a yellow line with no sign in a controlled zone, it does mean that CPZ restricted hours apply, if the yellow line is situated within a valid and compliant CPZ. However, the Secretary of State does recommend that conventional time plates accompany yellow lines in larger CPZs.
The Greenwich CPZ has some 67 streets. Norman Road itself is a long road. A motorist like myself entering the CPZ past the signs on the A206 from the direction of the Blackwall Tunnel would see no further signs driving onwards to the parking location in question. That is by no means adequate signage over such a large area.
For this reason the alleged contraventions, in the cases pertaining to both PCNs, did not occur.
Regards,
