Author Topic: Is this sign confusing?  (Read 474 times)

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Is this sign confusing?
« on: »
Hi all, please can I have some adviCe for the PCN I received.

I had parked my car in a hurry and when I read the sign I thought it said that no payment between 2-4, even the car in front of me thought the same and just parked.

Anyway, it turns out that between 2-4 you can't pay and only residents can park.

I wasn't the only one that thought the sign was confusing as other people came out and also thought that they could park for free during that time.  There were literally 5 cars with tickets on them.

Do I have a case for appeal, based on the sign being confusing or shall I just pay it now?

I have attached a picture of the sign and also the PCN.

Any help and advice would be greatly appreciated.

Thanks

Amba

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Re: Is this sign confusing?
« Reply #1 on: »
I don't think it's confusing. Between the two sets of hours for PbP parking, it is permits-only as per the permit holders times Mon-Sat.

Re: Is this sign confusing?
« Reply #2 on: »
The sign is incorrect, in these circumstances the restrictions should be split into distinct panels. Looking at this sign, there is no clear indication that the first "or" is different to the second "or", so you could read the sign and think you can't fulfil either the first nor the second criteria, which leaves you with "or Pay by phone" and think "alight, I'll do that".

@Amsy please have a read of the guidance here, post everything properly and I'll look at what other angles we can find before drafting a representation for you.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Is this sign confusing?
« Reply #3 on: »
IMO, the sign is correct.

See Traffic Signs Manual, Chapter 3, 13.17.3:

'Where 2 types of parking occur at the same time they are shown in a single panel separated by the word 'or'' ...as here.

Separate panels are reserved for:
Different activities e.g. loading and parking etc; and
The same activity but not overlapping but occurring sequentially, which is therefore not a shared use bay.

The word 'or' occurs where required i.e. immediately after 'Permit holders' and has the effect of guiding the two types of user to their part of the sign i.e. permit holders to the top and non-permit holders parking to the lower part.

IMO, this sign is consistent with the TSM: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/782724/traffic-signs-manual-chapter-03.pdf