Author Topic: Hillingdon PCN Contravention 62 Elers Rd -signs totally misleading!  (Read 78 times)

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Hello,
I was given a PCN on 14/3/26 for parking on the pavement under a sign that implies it is allowed! There were cars in front and behind me. I have attached an image. Obviously can provide more details if needed. I have already appealed, and just been sent a letter explaining to me that it was correctly enforced but does not address my point about the sign being misleading. So my question is should I carry on appealing or pay the discount? On the reverse of the sign in the photo there is the same image with a red line through (according to their correspondence) but I did not see it as i approached from Mildred Avenue. If I continue and fail do I pay the full amount?
Thanks for any help on this!

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Re: Hillingdon PCN Contravention 62 Elers Rd -signs totally misleading!
« Reply #1 on: »
For me, the sign is very misleading for someone approaching in the direction you came. One sees the sign and assumes it is OK to park partly on the footway. However, you really need to check the TSRGD to see what the sign means: -

This Instrument consolidates, with substantial amendments, the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, the Traffic Signs (Temporary Obstructions) Reg...
legislation.gov.uk


There have been a few updates since 2016 that you may have to plough through.,

Re: Hillingdon PCN Contravention 62 Elers Rd -signs totally misleading!
« Reply #2 on: »
I don't understand your misunderstanding.

As I understand it, the sign signifies the entrance to an area where, when other restrictions allow, parking with 2 wheels on the footway is permitted beyond the sign i.e. within the area. The sign with a red diagonal is its matching pair i.e. in your direction you're entering the area and in the opposite leaving.

But whether there's a corresponding council resolution to this effect which specifies that the area starts at the sign is an unknown.

We need more info pl.

I think it is misleading because approaching from that direction, all you can see is a sign which appears to allow parking on the pavement, and there were a line of cars already parked. There were no road markings that I could see and did not look (or think I needed to look ) at the other side of that where it appears to restrict parking. Road markings would have been a clue. There were others behind me who obviously thought the same.
Has this cropped up before and is it likely to be successful if appeal further?

Has this cropped up before - often.


and is it likely to be successful if appeal further? With your argument, not with the adjudicator.

Your argument is based in your misunderstanding of the traffic sign(and the default position in London where footway parking is subject to a blanket prohibition unless signed* otherwise).

You weren't at the sign. Other drivers' similar misunderstanding is not a defence, other than mitigation(which an adjudicator may not consider).

IMO, your best option is to submit reps saying that you made a mistake, were misled by the actions of other drivers etc....sorry, would they consider cancelling on this occasion.

If we knew more about where you were our posters could research whether permitted parking actually starts at the sign or whether it encompasses the whole length of the road(due to sloppy drafting) and that,for convenience, the council has simply used an existing post to save a few £.  This also often happens. 

Thanks for your help and speedy reply.  They have replied to my initial appeal that the sign marks the cut off between what is and isn't allowed, but whether that is true is another matter it sounds.
If I were to reply as you suggested, what is the process? do I wait for the NtO and make formal representation to the council thereby risking the full fine?

The history here is the signs used to be as per the pic below and there were marked bays.

What I think has happened is they abandoned maintaining markings and changed the signage to simple extent.

This document says footway parking in Elers Road is subject to a 'Formal scheme with signs and lines'.

https://modgov.hillingdon.gov.uk/documents/s64484/SCOPING%20REPORT%20-%20A%20REVIEW%20OF%20SUSPENDED%20PARKING%20ZONES%20IN%20HILLINGDON.pdf

There are two adjudications, both refused - simple one posted below. Note the adjudicator has said 'supported by a Council resolution' but I wonder if this countermands the signage along the entire road, and given that markings have gone.



-------

Case reference   2250371661
Appellant   Roy Sawney
Authority   London Borough of Hillingdon
VRM   R10JJS
   
PCN Details
PCN   HN21702689
Contravention date   10 Apr 2025
Contravention time   12:57:00
Contravention location   Elers Road
Penalty amount   GBP 140.00
Contravention   Footway parking
   
Referral date   -
   
Decision Date   08 Apr 2026
Adjudicator   Edward Houghton
Appeal decision   Appeal refused
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   The Appellant did not attend the adjourned hearing.
The Appellant’s case is essentially that the signage indicating the Area where the Council had exercised its powers to allow footway parking was unclearly signed. I am unable to agree. The small blue signs (prescribed by Regulations and supported by a Council resolution) are positioned in accordance with recommendations of the Traffic Signs Manual Chapter 3 in that the sign showing footway parking to be permitted is mounted facing oncoming traffic; and in a similar way, for example, to a speed limit sign, applies to the area beyond the sign not in front of it. The line of vehicles parked on the footway beyond that sign might have given the Appellant a clue as to its meaning if he was in any doubt. The sign with the red line through it indicating the end of the exempted area likewise applies to the area beyond the sign not to the area facing it.
This method of signing exempted areas is widely applied throughout London. I note that the Appellant has produced a photograph of what he describes as correct signage. This is in fact a very unusual (based on 30 year’s experience) example of incorrect use of the signs.
As a result of what was no more than a misunderstanding on the Appellant’s part the vehicle was not parked within the exempted area and was therefore in contravention. It cannot be said the PCN was issued anything other than lawfully.

Thankyou for your time on this. The previous signage and markings were pretty clear, far clearer than the new version. You can see both sides for starters. I think my case therefore is stronger than the example you kindly posted, but given past history I don't think they will agree their new signs need work.

Footway parking in Hillingdon has evolved over decades, with over 400 roads
historically exempted from enforcement. Many of these exemptions were informal or
temporary, often lacking compliant signage or markings


..and as regards only some roads only to be reported to Cabinet for a decision on 22 April 2026 until which time 'lacking compliant signage etc.' would persist.

And the meeting's on 23rd and I cannot find this item on the agenda.

IMO, make reps on the grounds that the resolution for this road disapplies the provisions of the 1974 Act for the whole road therefore the position of the signs is incorrect, my location was exempted and the contravention did not occur.


Thanks so much for this- So is the case that the rule for Elers road is it should have a formal scheme with signs and markings, and having no markings invalidates the position of the sign? Therefore the whole road is included ?
Thankyou- sorry if this is a daft question!

Footway parking in Hillingdon has evolved over decades, with over 400 roads
historically exempted from enforcement. Many of these exemptions were informal or
temporary, often lacking compliant signage or markings



I live in Hillingdon, and in our road everybody parked with 2 wheels on the pavement, even though it wasn't allowed, because if you didn't there wasn't room between 2 cars fully on the road for another car to pass, let alone a fire engine, or ambulance, or bin lorry.

It had been thus for as long as anybody could remember, and then one day people started getting ticketed.   Not long after they outsourced enforcement, IIRC.

I organised a petition objecting to this, and we were granted a "temporary footway parking exemption" until the problem could be discussed at a Council meeting.  Which it never was.  Our "temporary" exemption lasted for over a decade, until they decided that they could make money by introducing a residents' parking scheme which no resident wanted, and which involved marking out parking bays half on the pavement.

But at no time during the 10+ years of the temporary exemption was there a single sign or road marking.