Author Topic: WTF no signage? Buckinghamshire, code 02 parked or loading and unloading, Easton St  (Read 858 times)

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Got my response today:

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I refer to your recent correspondence in connection with the above Penalty Charge Notice (PCN).
The PCN was issued for parking or loading and unloading in a restricted street where waiting and
loading and unloading restrictions are in force.
We have carefully considered your comments; however, we have decided not to cancel the PCN.
You explained that you missed one of the signs on your route because it was approximately 34
metres away.
While I note your comments, please be aware that within a Controlled Parking Zone (CPZ),
additional signs are not required at every location unless specifically necessary.
You were issued a PCN for parking in a Restricted Zone at a time when parking is not permitted,
including for loading or unloading. The purpose of these restrictions is to support traffic flow and
maintain safety. Restricted Zones operate in the following way:
• They may not have yellow lines, as this improves the street environment and reduces
maintenance costs.
• They are governed by Restricted Zone entry signs, which act like boundary markers. These signs
are placed at each entry point to the zone, meaning you would have passed one when entering.
Restricted Zones vary in size and may cover only a single street.
• Where the sign states “No loading”, parking is not permitted for any reason, including loading or
unloading.
The sign will show either the hours during which restrictions apply or “at any time” for 24-hour
restrictions. If no days are shown, the restriction applies seven days a week.
Directorate for Communities
Highways and Technical Services - Parking
Head of Parking Services: Julie Rushton
Buckinghamshire Council
C/O PO Box 3584
Chippenham
SN15 9EF
www.buckinghamshire.gov.uk
The signage at the entry points clearly states: “Restricted Parking Zone – No Loading Except in
Signed Bays.” This means restrictions apply throughout the entire zone unless a specific, signed
bay indicates otherwise. In this case, you were parked within the restricted area but not within a
marked or signed bay.
In view of this, we are satisfied that the contravention occurred and the PCN remains payable.
Having considered the circumstances, I must advise you that you have not provided sufficient
grounds for cancellation of the Charge. The Council is satisfied that the PCN was issued correctly
and that payment is now due.
The Council is willing to accept the discounted amount of £35.00 providing payment is received
within fourteen days of the date of this letter. Failure to pay within this time will mean that the
discount offer expires and the full amount of £70.00 will become due.
If no payment is received, a Notice to Owner will be sent to the registered keeper of the vehicle as
provided by DVLA. This will allow that person or their authorised representative to submit a formal
appeal (known as representations) against the Charge. The appellant will be offered the
opportunity to take the matter to independent adjudication at no extra cost if they are unhappy with
that decision. The decision of the Adjudicator is binding upon both appellant and council.

Got this rejection response today, I feel like they didn't even read my letter properly.  They open with:
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You explained that you missed one of the signs on your route because it was approximately 34
metres away.

Which is not what I said at all, I said I missed the ONLY restriction sign in my route, because of my high driving workload of immediate left and then immediate right on a blind corner, where my focus is purely on driving and not this poorly placed sign.  I mentioned at the end of my letter that that sign is 34 meters away from my parking location and the closest repeater sign on the pavements is over 90 meters away as an additional reason.

This part of the restricted zone seems a bit scammy to me, since even after parking you can clearly see yellow lines further up the road but the bit I was parked on didn't have any, further reinforcing my belief that I wasn't in a restricted zone.  I checked Google Maps street view before parking and I checked again when I got out for signs of restriction and didn't spot any, yet was still stung, so clearly their signage is insufficient as it genuinely caught me out.

But instead they want to fine me and carry on catching other people out like this.

Do I pay or keep fighting?

It's the usual Fob-Off letter in response to informal representations.  They do this because they know that almost all people then cough-up, (like >95%). Only reps against a Notice to Owner are looked at more carefully. If you wait for the NtO, you lose the discount option, although some councils will re-offer it when rejecting reps.

Your appeal argument is of inadequate signage. This is subjective, so you'd have to convince an adjudicator that the signage they've put up is inadequate to convey the restriction. With only a single sign on entry and nothing once in the zone you're in with a chance. Of course if you take them to Traffic Penalty Tribunal it will be with the full PCN penalty in play. If you win, you pay nothing, and if you lose, you pay the PCN penalty, but there are no additional costs


Yes they will reoffer the discount on rejection - nearly all authorities do apart from a few.

The next step is a notice to owner, and again they will probably reoffer the discount on rejection to try and stop you going to the tribunal, which is an expense for them.

I think I am gonna appeal again, do I have to wait for notice to owner (i.e. I guess 14 days must pass before they send that in the post?) or can I appeal now?

Wait for the Notice to Owner which is sent by post to the keeper on the V5C. Are you the owner, and is the name and address on your V5C Registration Certificate for the vehicle up-to-date and the same as it was on the contravention date ?