Free Traffic Legal Advice

Please can someone review the Northumberland council response to my appeal for parking in a motorcycle bay?  See https://drive.google.com/file/d/1soZLtzQglqf36e2qKVXpwRUAaDNnODh_/view?usp=sharing 

Is it worth challenging this any further? My intial appeal is copied below.  Thanks



Dear Sir/Madam

Subject: Penalty Charge Notice/Fixed Penalty Notice UN06222501 on 4 Aug 2024.

I write to you in respect of the above Penalty Charge Notice issued to my vehicle which was issued for the alleged reason "Parked in a car park or area not designated for that class of vehicle.

I wish to appeal it as the contravention did not occur for the following reasons:

All signs need to be clearly visible and to a prescribed criteria so motorists can make an informed decision. If a sign is obscure and unclear, it cannot be said that the car park / road was adequately signed. I therefore cannot be found guilty of the alleged contravention.

As you enter the the car park and drive into the space there is no sign visible at eye level. I have taken photos of this space from all angles. I had no idea this was a motorcycle only space and only became aware it was when I got back to the car and saw the penalty notice. A car parked directly in front of me also had a penalty notice.

The only sign is at a right angle to the space above eye level. This does not comply with signage regulations.

I request that your authority therefore provide me with details of:

The Traffic Parking Tribunal  (England and Wales)

I enclose photos to support my appeal for consideration.

I look forward to receiving confirmation that the ticket has been cancelled within 28 days.

Yours faithfully

Hi,

Unfortunately I can't find the PCN.

GSV:
https://www.google.co.uk/maps/@55.6750531,-1.8015961,3a,30y,71.41h,86.81t/data=!3m6!1e1!3m4!1sKCf8uJYyBmMektlS0zDECA!2e0!7i16384!8i8192?coh=205409&entry=ttu&g_ep=EgoyMDI0MDgyNi4wIKXMDSoASAFQAw%3D%3D

As you can hopefully see from the above GSV, when I drove into the car park there was no sign in my vision or on the ground indicating the space next to the payment machines was a motorcycle only space.  The only sign is at a right angle above head height.   

The photos I took of the car park are available at:
https://photos.app.goo.gl/fbnwXgXNNDGMA5ek6

Thanks

Thanks for the advice so far.   Draft appeal below.  Do you think I have a strong case?




TRAFFIC MANAGEMENT ACT 2004
Penalty Charge Notice: UN06222501
Issue Date: 04/08/2024
Location: Chare Ends CP, Holy Island
Vehicle Registration: YP65UEC
Photos:
https://photos.google.com/share/AF1QipPNx8-QOkhOrlkrmQFo6UsXaiwC3Obai3TJdQzw103jYiLEB1AmwTYH65a--NgiCA?key=VE9VU1dWZTRvY2NaemNfdzFURlVoUmpqZFBxN1V3

Dear Sir/Madam

Subject: Penalty Charge Notice/Fixed Penalty Notice UN06222501 on 4 Aug 2024.

I write to you in respect of the above Penalty Charge Notice issued to my vehicle which was issued for the alleged reason "Parked in a car park or area not designated for that class of vehicle.

I wish to appeal it as the contravention did not occur for the following reasons:

All signs need to be clearly visible and to a prescribed criteria so motorists can make an informed decision. If a sign is obscure and unclear, it cannot be said that the car park / road was adequately signed. I therefore cannot be found guilty of the alleged contravention.

1.   As you enter the car park and drive into the space I parked in there is no sign visible at eye level. I have taken photos of this space from all angles. I had no idea this was a motorcycle only space and only became aware the Council considered it as such when I got back to the car and saw the penalty notice. A car parked directly in front of me also had a penalty notice.
2.   There is nothing on the main car park sign that relates to motorcycle only bays or penalties for parking in these.  I complied with all the Main conditions of use listed on the main sign so should not have been issued with a penalty. 

3.   The “Motorcycles Only” sign states:
Motor Cycles Only
Free Parking
No overnight parking/camping

This could be understood to mean that Motorcycles can park for free anywhere within the car park.  This car park does not have marked bays (see Google photos link above), and the main cark park sign states “park in orderly rows without obstructing the entrance, exit footpaths, or other parked vehicles.  I complied with these terms.  There were no bay markings or clear signage to designate that the partially paved/overgrown area I parked on was a bay restricted to the parking of only Motorcycles.

Please see the notice to owner at https://drive.google.com/file/d/1x_gHM1vzDufRhMkc1LZcsKy8EZytnYKi/view?usp=drive_link

Advice on how to respond would be appreciated.

Thanks

Is public now

Please can someobody review the Notice to Owener and my draft response above?

Thanks

Thank you for the help.  I will post the response when I get it.