Author Topic: Islington, Code 11 Parked without payment of the parking charge, Highbury Station Road  (Read 5504 times)

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As the regs state: 'The expressions “Match”, “match”, “Event”, “event”, “Market”, “market”, “Day”, “day”, “On”, “on”, any of those expressions..'

The word(s) are 'expressions' and not to be disregarded on a whim by a motorist who decides that the 'expression' doesn't meet their standard of accuracy.

Ah, I wasn't aware of this. If this is the case, then that undermines my argument significantly.

'There would also be signage at entry points to the Controlled Zone up to three days prior to the event.'

Was there? This is the issue IMO.

This was part of my challenge. There is no signage at the entrance of Highbury Station road to indicate the specific restrictions as they state. This is apparent on google street view that there are no signs where such signage would be added to. They also haven't adduced evidence that such signage existed as part of their case.

From look at google street view, there is such signage on Laycock Street at the junction of Liverpool Road, however it is my view that any reasonable person would assume that it applies to that road only based on the positioning of the signs. This road is one road south of where the contravention took place. From looking at google street view, there are no such signs if you were to enter approaching from the North on Liverpool Road.

So from my point of view, there was no such signage. Would it count in my favour that they cannot produce evidence of this, or would the presumption be that if the local authority says there was signage; that they are telling the truth?

There is no signage at the entrance of Highbury Station road to indicate the specific restrictions as they state

'At the entrance of Highbury....' is not the test. Did the CPZ entry signs carry this info?

'At the entrance of Highbury....' is not the test. Did the CPZ entry signs carry this info?

****....Seems the border of the CPZ on the north and south side of Liverpool Road have such signs.

Guess I'm **** and better off to pay then?


The next match day signs (or event day in other councils) are on the controlled zone entry signs, which control only single yellow lines.

Some adjudicators have found this is not good enough to determine parking restrictions in parking bays.

But I think the match day signs in the parking bays are unambiguous and cannot apply to a pop concert. What's happened is that Islington added the match day plates for Arsenal men's home team matches and has since extended it to events other than sport.

Let's say you did manage to see the zone entry sign - when you parked you'd check if it was a match. It wasn't.

I'll see if I can dig out the traffic order.

The traffic order defines match day as below as an event, and then the term match day is used throughout. I think this is a cop-out because Islington doesn't want to pay to update the signage. There is also the rather wooly definition of event (how would you know about 10,000+) and 'the Council deem should be treated'.

"match day" where referred to in the map schedule legend in relation to the
permitted hours, prescribed hours, restricted hours or no stopping hours, as
the case may be, of a parking place or loading place, or of a length of waiting,
loading or stopping restrictions, means a day on which an event is taking
place or which is planned to take place at the Arsenal FC Emirates Stadium,
Hornsey Road, London N7 which:
(a) under normal circumstances, would have an expected attendance of
10,000 persons or more, not including any staff or contractors engaged
in either the operation or management of the aforementioned stadium
or event; or
(b) is any other event at that stadium that the Council deem should be
treated as though it were an event specified in sub-paragraph (i) above
for the purposes of the application of the provisions of this Order;

Order:
https://www.islington.gov.uk/-/media/sharepoint-lists/public-records/transportandinfrastructure/parking/2023-consolidation-order/made-orders/charged-pps.pdf?la=en&hash=64698EEAAE1E4724745F00DDD948CE0FA6E5BAD5


So is it better I pay or should I continue with my intention to contest this? You've both raised points that don't exactly work in my favour.

I don't want to give these bastards money - but I'm wondering now if it's better to cut my losses and take the discounted penalty if my chances of success at adjudication/appeal are in doubt.

There was no match at the stadium on that day. Words mean something on traffic signs.

A sort of related case below.

---------

Case reference   2240509048
Appellant   Mohammed Khan
Authority   London Borough of Newham
VRM   J444MRN
   
PCN Details
PCN   PN39339866
Contravention date   28 Jul 2024
Contravention time   16:16:00
Contravention location   Leytonstone Road
Penalty amount   GBP 80.00
Contravention   Parked for longer than permitted
   
Referral date   -
   
Decision Date   08 Jan 2025
Adjudicator   Edward Houghton
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   I heard this appeal by telephone speaking to the Appellant’s representative Mr Dishman. His case is essentially that the sale of chicken does not amount to an event day and that the signage indicating the presence of an event day was in adequate. The onus is on the Council to prove that the day was an event day in law and that this fact was clearly and correctly indicated.
An event day is defined in the Traffic Management Order provided by the Council as (so far as is relevant to the present case) “any other sporting or non-sporting activity which in the opinion of the Traffic Manager for the London Borough of Newham is likely to benefit from the scheme being in force”. There seems to me to be no evidence from such a person that he/she formed that opinion. In the circumstances I am unable to be satisfied the day in question was an event day within the meaning of the TMO and the Appeal must be allowed on that ground alone.
(It is therefore unnecessary to consider whether the signage in place on the route described by the Appellant was sufficiently clear – something which might well have necessitated an adjournment for the Council and/or the appellant to provide photographic evidence of the particular sign passed and its location.)

Thanks for sharing that example.

If the first test is to see if the penalty was in line with the TMO - will I not have the problem that the TMO conditions for a match day are somewhat clearer in my case than in the example you gave? i.e. that a Robbie Williams concert would satisify category A (or b for that matter).

I cited that case for fun - while some would much prefer chicken wings over Robbie Williams, I think he got far more than 10,000 for his show.

The point really is that while they've redefined match as event in the order, the basic test of signage at the bay stands as match.

It's 1-0 to the Arsenal, not Robbie (who is the president of the mighty Port Vale FC).
« Last Edit: July 28, 2025, 04:21:14 pm by stamfordman »

I cited that case for fun - while some would much prefer chicken wings over Robbie Williams, I think he got far more than 10,000 for his show.

The point really is that while they've redefined match as event in the order, the basic test of signage at the bay stands as match.

It's 1-0 to the Arsenal, not Robbie (who is the president of the mighty Port Vale FC).

So you're still of the opinion I shouldn't pay? If so, I'll probably continue to contest it unless there are any further dissenting opinions on here.

If it were me I'd go on with it but I would be happy to punt the extra £55 in a double or nothing gamble if they force it to the tribunal as I think an adjudicator would be persuaded by the word match and what you see on the top of the webpage Islington refers to.

Selfishly I'd like to see Islington tested on this.   

I've just received the Notice to Owner in the post. Do I still make representations even though I challenged the PCN earlier? If I do, is it just copy/paste what I submitted previously?

Any guidance would be appreciated as this is my first time going down this process.

Please post up all sides of the NtO - just redact yr name & address - leave all else in.

I've just received the Notice to Owner in the post. Do I still make representations even though I challenged the PCN earlier? If I do, is it just copy/paste what I submitted previously?

Any guidance would be appreciated as this is my first time going down this process.
You must respond to the NtO, or it's game over. Just post your original reps.