Author Topic: Manchester City Council. Union street code 12  (Read 846 times)

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Manchester City Council. Union street code 12
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I have had a parking ticket that's been issued on 08/01 unfortunately been ill and have not been able to post or appeal earlier.


OU08LZT is my VRN

[img width=640 height=853.0000610351562]https://i.ibb.co/zFwk6Gz/IMG-20250126-230039-edit-39422383802563.jpg[/img]

I have taken some pictures of the area in the night where I was parked. I don't believe it's adequate or prominent signage. Especially that it's recently been installed as it was not there a year ago. When I used to park

[img width=640 height=853.0000610351562]https://i.ibb.co/TLPPdnT/IMG-20250108-203715.jpg[/img]


[img width=640 height=853.0000610351562]https://i.ibb.co/vcpHVnV/IMG-20250108-203718.jpg[/img]

[img width=640 height=853.0000610351562]https://i.ibb.co/RgDT86F/IMG-20250108-203735.jpg[/img]
https://ibb.co/sKvwwSY

Google images
https://maps.app.goo.gl/1fk5KF3me56xvdYJ6?g_st=ac

I have put some points which I may be able to include in my appeal could you please correct.

Thanks
Subject: Challenge to PCN Number [MC81941318]

Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice (PCN), served on 08/01/2025 at 19:54 for the alleged contravention: “Parked in a residents’ or shared use parking place without clearly displaying a permit or voucher or pay and display ticket.”

1. Lack of Sufficient Signage

On the date of the alleged contravention, I parked on Union Street, Moss Side, believing it to be unrestricted, or at least not clearly signed as a residents’/shared use parking bay. I did not observe any clear signage indicating that I was parked in a restricted zone. Under the Traffic Signs Regulations and General Directions (TSRGD) 2016, local authorities must place clear, adequate, and lawful signage to inform motorists of any restrictions. If signage is absent, obscured, or recently installed without proper markings, a penalty charge is not enforceable.

The photos I have taken (enclosed) show no obvious sign or noticeable display to indicate a residents’ parking area.

It appears there are no bay markings (or they are very faint/poorly maintained) and no clear upright signs where I parked.

If signage was present elsewhere, it was not visible from where I parked, especially in hours of darkness when signage should still be adequately lit or placed clearly to be noticed.


2. Lines/Markings Not Compliant

Although there appear to be new or altered lines in the area, they are not clearly enforceable if they do not meet the specification set out in TSRGD 2016. If the relevant bay markings are incomplete, faded, not accompanied by correct signage, or have been newly painted without proper notices, the contravention may be invalid.
« Last Edit: January 27, 2025, 02:22:44 am by Zubz_91 »

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Re: Manchester City Council. Union street code 12
« Reply #1 on: »
Unfortunately, all they need there is the sign in the GSV view. This advises of a Permit Parking Zone beyond the sign.
https://maps.app.goo.gl/assfSXPe2XyimJLUA
The street is quite short so repeater signs have not been erected on the street itself. No lines or bay markings are required.

I suggest you alter your reps to challenge the single, unilluminated sign, that you missed seeing when you parked at night. This need only be a single paragraph. What you've written in Para 2 needs to be removed.

Sorry if the above isn't what you would have liked, but the unfortunate fact is that the government have introduced these PPZs for use by councils who just love them, because they are so cheap to set up. This particular zone is shown on GSV September 2023, but not in September 2021, so is fairly well established. When did you last part there before this ocasion ?


Re: Manchester City Council. Union street code 12
« Reply #2 on: »
Unfortunately, all they need there is the sign in the GSV view. This advises of a Permit Parking Zone beyond the sign.

Let's get the term right - this is a permit parking area (not zone) as defined in schedule 1 The Traffic Signs Regulations and General Directions 2016.

OP - how did you turn into this short road?
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Re: Manchester City Council. Union street code 12
« Reply #3 on: »
Thanks for your response. It may have been that I parked without knowing sometime in 2024 and did not get caught out as I usually go to this place every year or so.

Should I say that I was the driver of the vehicle?


I turned right into the street missed the damn sign on the left, I don't believe it's prominent at all.
Unfortunately, all they need there is the sign in the GSV view. This advises of a Permit Parking Zone beyond the sign.

Let's get the term right - this is a permit parking area (not zone) as defined in schedule 1 The Traffic Signs Regulations and General Directions 2016.

OP - how did you turn into this short road?

Re: Manchester City Council. Union street code 12
« Reply #4 on: »
Unfortunately, all they need there is the sign in the GSV view. This advises of a Permit Parking Zone beyond the sign.
https://maps.app.goo.gl/assfSXPe2XyimJLUA
The street is quite short so repeater signs have not been erected on the street itself. No lines or bay markings are required.

I suggest you alter your reps to challenge the single, unilluminated sign, that you missed seeing when you parked at night. This need only be a single paragraph. What you've written in Para 2 needs to be removed.

Sorry if the above isn't what you would have liked, but the unfortunate fact is that the government have introduced these PPZs for use by councils who just love them, because they are so cheap to set up. This particular zone is shown on GSV September 2023, but not in September 2021, so is fairly well established. When did you last part there before this ocasion ?

Any advice on this please?

Re: Manchester City Council. Union street code 12
« Reply #5 on: »
This is the view of the sign as you approach to turn right into the street: -
https://maps.app.goo.gl/oRfXsGdmGTVdkpzq8

I don't think the sign is prominent at all, and should have been mounted further back past the double-yellow lines. So submit informal representations on this basis.

Who was driving the vehicle is totally irrelevant in law as the legislation places responsibility for all PCNs on the owner of the vehicle. Is this you ? If not, is it a hire/lease firm ?
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Re: Manchester City Council. Union street code 12
« Reply #6 on: »
I've looked at the council pics and they have a close up of the sign and your car but nothing showing the layout.

So yes draft something saying it was at night and you turned right into a street where the unilluminated single sign is set to the left and not fully at the entrance to the road and you consider this inadequate to inform drivers of a restriction in this very short dead end.





« Last Edit: January 27, 2025, 11:31:36 pm by stamfordman »
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Re: Manchester City Council. Union street code 12
« Reply #7 on: »
This is the view of the sign as you approach to turn right into the street: -
https://maps.app.goo.gl/oRfXsGdmGTVdkpzq8

I don't think the sign is prominent at all, and should have been mounted further back past the double-yellow lines. So submit informal representations on this basis.

Who was driving the vehicle is totally irrelevant in law as the legislation places responsibility for all PCNs on the owner of the vehicle. Is this you ? If not, is it a hire/lease firm ?
I've looked at the council pics and they have a close up of the sign and your car but nothing showing the layout.

So yes draft something saying it was at night and you turned right into a street where the unilluminated single sign is set to the left and not fully at the entrance to the road and you consider this inadequate to inform drivers of a restriction in this very short dead end.







Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice (PCN), issued on 08/01/2025 at 19:54 for the alleged contravention: “Parked in a residents’ or shared use parking place without clearly displaying a permit or voucher or pay and display ticket” on Union Street, Moss Side.

Grounds for Appeal
1. Inadequate and Poorly Positioned Signage at Night
At the time of the alleged contravention, I entered Union Street by turning right and was unaware of any parking restrictions. The only visible sign indicating residents' or shared use parking was positioned on the left-hand side and not fully at the entrance to the road.

The placement of the sign fails to adequately alert drivers, particularly at night, when visibility is reduced.
Given the short length of this dead-end road, a restriction sign should be clearly visible to all approaching vehicles from the entrance, but this was not the case.
The sign was not illuminated, making it extremely difficult to notice at night. Under the Traffic Signs Regulations and General Directions (TSRGD) 2016, local authorities must ensure that parking restriction signs are clearly visible and properly illuminated, particularly in low-light conditions.
2. Failure to Provide Clear Notice of Restriction
For a restriction to be legally enforceable, it must be clearly conveyed to motorists upon entering the restricted zone. In this case:

The signage was positioned in a manner that does not allow drivers to reasonably be aware of the restriction before parking.
There were no repeated signs further into the road to remind drivers of the restriction.
The restricted parking bay had no apparent road markings or indications that it was a controlled area.
3. Request for Evidence
If Manchester City Council chooses not to cancel the PCN, I request the following evidence:

Photographs taken by the Civil Enforcement Officer (CEO) showing my vehicle in relation to the restriction sign and any relevant road markings.
A copy of the Traffic Regulation Order (TRO) confirming the enforcement of restrictions in this specific location.
Details of any maintenance records showing the last time the restriction sign was checked for visibility, lighting compliance, and positioning adequacy.
Conclusion
Due to the inadequate, unlit, and poorly positioned signage, I did not have fair notice of the restriction when I parked. This does not meet the requirements for lawful enforcement under traffic regulations. Therefore, I respectfully request that the PCN be cancelled.

Should my representation be rejected, please provide the requested evidence and full reasoning so that I can consider my options for appeal with the Traffic Penalty Tribunal.

I look forward to your prompt response.

Yours sincerely,


Do you think this is a well-worded appeal?

I am the owner of the vehicle


Really appreciate all your help on this :)  ;D

Re: Manchester City Council. Union street code 12
« Reply #8 on: »
Can any one please confirm if this appeal is good to send off, or any adjustments need to be made.

I am the owner of the vehicle in question.

Thanks for all your valuable advice

Re: Manchester City Council. Union street code 12
« Reply #9 on: »
Cut out para 3. They won't respond and don't have to anyway. All you are doing at this stage is submitting an informal challenge, the real battle takes place at and after Notice to Owner stage.  If it goes further, like to adjudication, they must produce the stuff you're asking for.

Re: Manchester City Council. Union street code 12
« Reply #10 on: »
Hello All,
Do we know why the website is giving this error and not letting me submit? Even though I have ensured that it does not exceed the character limit, should I upload as a pdf instead?




Inadequate and Poorly Positioned Signage at Night
At the time of the alleged contravention, I turned right onto Union Street, unaware of any parking restrictions. The only visible sign was on the left, not fully positioned at the entrance.
The sign’s placement did not adequately alert drivers, especially at night when visibility is reduced. Given the short length of this dead-end road, a restriction sign should be clearly visible from the entrance. However, it was unlit and difficult to notice. Under TSRGD 2016, local authorities must ensure parking restriction signs are visible and properly illuminated in low-light conditions
Failure to Provide Clear Notice of Restriction
For a restriction to be enforceable, it must be clearly conveyed upon entry. In this case:
The sign was not positioned to reasonably inform drivers before parking.
No additional signs further into the road reminded drivers of the restriction.
The parking bay lacked clear markings or indications of a controlled area.
« Last Edit: February 03, 2025, 03:52:59 pm by Zubz_91 »

Re: Manchester City Council. Union street code 12
« Reply #11 on: »
Yes, attach reps as a PDF and make a note on their entry box.

Re: Manchester City Council. Union street code 12
« Reply #12 on: »


Hi,

I have received the above reply from manchester city council

Re: Manchester City Council. Union street code 12
« Reply #13 on: »
OK, so they have rejected your reps, and re-offered the discount, (as usual !!).  So now you must decide whether to take them to the tribunal or pay the discount.  FWIW, I think you have a reasonable case, but not a dead cert, so as it's your money not mine I will leave it to you to decide.

Before you can appeal to the tribunal, you must wait for the Notice to Owner, submit reps against that, and if refused you can register an appeal at the Traffic Penalty Tribunal. All of this is your absolute right in law. If you lose at the tribunal, the maximum amount you would have to pay is the full PCN penalty of £70. There are no additional costs whatever.

Re: Manchester City Council. Union street code 12
« Reply #14 on: »
OK, so they have rejected your reps, and re-offered the discount, (as usual !!).  So now you must decide whether to take them to the tribunal or pay the discount.  FWIW, I think you have a reasonable case, but not a dead cert, so as it's your money not mine I will leave it to you to decide.

Before you can appeal to the tribunal, you must wait for the Notice to Owner, submit reps against that, and if refused you can register an appeal at the Traffic Penalty Tribunal. All of this is your absolute right in law. If you lose at the tribunal, the maximum amount you would have to pay is the full PCN penalty of £70. There are no additional costs whatever.

Do you know of any cases that have been won with a similar situation?