Author Topic: Manchester: code 01 parked in a restricted street, Marshall Street, single yellow line  (Read 1189 times)

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Hello

I wanted to run a PCN I have received past the forum to see if there are grounds for appeal.

Background:

I parked on a road marked by a single yellow line on Saturday 10 May. I have parked on this particular road before with no issues. I do not believe Marshall Street falls within the Manchester controlled parking zone. I have checked the map on the Manchester council site.

https://www.manchester.gov.uk/info/500346/city_centre_parking/146/on-street_parking/6

To my knowledge there are no prescribed time sign posts on the street. There is also no CPZ restriction sign on entry to Marshall Street.

The exact location I parked can be seen on the following link: https://maps.app.goo.gl/C4NfR8rcVvENn75c7

My car was parked pretty much where the black car is parked on the GSV photo.

PCN:



I took some photos yesterday of the entrance of Marshall Street turning in from Rochdale road retracing the route. I have taken photos at each intersection joining Marshall Street and didn’t spot any CPZ signage.













Please let me know what you think and the best way to proceed if appealing the PCN.

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It's a bit difficult here because GSV isn't all up-to-date, but if you entered Marshall Street from here, (A62), you wold have passed these signs: -
https://maps.app.goo.gl/LQ83j4vR8xq6kdE79
However, at the other end of Marshall St, where you turned in there are no signs, as you say. The trouble is that this id a bit zone, and there is a sign as you drive in on the Rochdale Road here: -
https://maps.app.goo.gl/q1W2QkWsABWNhE1k9
This sign is 183 metres away from the turn into Marshal St. Yes, its rather naughty, as how are you meant to read all the restricted times while driving along at 30 mph, but its part of the council's box-of-tricks to get the money in. The sign is also easily obscured by high-sided vehicles.

You should submit representations based on inadequate signage of this CPZ, there being nothing at all about this zone on their website, and a sign like this on a busy main road means it is easily missed, and can be obscured by buses and high-sided vehicles.  My opinion is that the council have failed adequately to sign this CPZ, thus failing in their duty under Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 : -
https://www.legislation.gov.uk/uksi/1996/2489/part/III

However, don't expect them to roll over and cancel the PCN. They will send you a FOb-Off letter rejecting your reps because they know that >95% of people then just cough-up. If you want to take them all the way, you'll have to wait for the Notice to Owner, submit reps again, get rejected again, and then you can register an appeal at the Traffic Penalty Tribunal.

Are you the registered owner on the V5C Registration Certificate for the vehicle ? Under the parking legislation, the keeper has sole responsibility for appealing a PCN, although the owner can authorise a person to act for them. Particular difficulties can be experienced with hire and lease firms.

Thank you for the response.

I will submit an informal appeal to begin with based on inadequate signage of the CPZ. As you mentioned I fully expect this to be rejected.

I have no issue taking the case to the Traffic Penalty Tribunal however I need to understand the merits of doing so. The council will argue that there was a sign on Rochdale Road (183 metres from the turning to Marshall Street), however from the legal aspect does this still cover them?

Looking at Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996: -
(https://www.legislation.gov.uk/uksi/1996/2489/part/III) what would constitute 'adequate signage'? Would they not just say the CPZ was covered by a sign on Rochdale Road so individual signs are not required for each Street?

Funnily enough I did see the exact scenario you mentioned about the sign being obscured by a high sided vehicle on GSV.

https://maps.app.goo.gl/QxiUyoC95WtHT3iJ9

Two buses in that photo, if you were passing in the right lane there’s no chance you would be seeing that CPZ sign. The CPZ is just after the end of the bus lane as well, so if you were passing a bus you'd have to turn into the left lane at just the right moment to both see the sign and make sure you don't enter the bus lane.

Reading some of the reviews for the TPT on Google doesn’t inspire much confidence. Are there any cases that have been won based on similar circumstances?

I am the registered owner and keeper of the vehicle.
« Last Edit: May 19, 2025, 03:40:53 pm by AzZ »

Hi

I am following up on my original post as I am now due to make formal representations to Manchester City Council following the NTO.

Below is the response I received following my informal representations. I have, as expected, been fobbed off. Before I submit my formal appeal via post, I wanted to get some advice.

The response I received states that:

I have noted your comments that there was no signage regarding the single yellow line restriction. Marshall Street, where you were parked, is in the Miller Street Controlled Parking Zone. As you enter the zone, you will pass a controlled zone sign. These signs explain that the rules for single yellow lines apply 8am - 6pm, Monday - Friday & 8am-12:30pm on a Saturday. Individual streets within the zone do not require additional signage. The way this zone is signed is compliant with current legislation.





However as per my original post, and the route I took to the street I received a ticket on, I would not have passed the sign on Miller Street mentioned in the parking officer's letter. Can I challenge this or use this fact in my formal representations to win?

Finally I need to select the specified grounds for the appeal. Could someone please advise which option is best suited to my case? I am arguing that the signage is inadequate for the CPZ. I did not pass the signage mentioned in the response above and the Manchester City Council website doesn't include the street I parked on as being part of the CPZ. Below is a scan of the options.



I need to get my written response posted on Monday. Thank you and I appreciate any advice received.

To win at the adjudicators, you must be able to prove that the sign they say is in place, is not actually there, and that there are no repeater signs on the route you took to the place where you parked, neither were there any at the location where parked..

Thanks.

So in this case I do not doubt that the sign they have referred to is not there, rather its location is not relevant to the route I took. I entered the street I parked on from a totally different direction and no signs were present. No repeater signs were passed on entry to the street I parked on, nor along it.

Which specific grounds shall I put forward my case on? I need to select this before responding.

Cheers.

Thanks.

So in this case I do not doubt that the sign they have referred to is not there, rather its location is not relevant to the route I took. I entered the street I parked on from a totally different direction and no signs were present. No repeater signs were passed on entry to the street I parked on, nor along it.

Which specific grounds shall I put forward my case on? I need to select this before responding.

Cheers.
You need to identify the entrance to the zone on your route. This should have the relevant sign, and without its presence, the contravention did not occur.

OP, there do not need to be signs where you entered the street, nor along it. Can we get away from this pl. A CPZ in this instance is:


(a)
an area—

(i)
in which every part of every road is subject to a prohibition indicated by single or double yellow lines or single or double yellow kerb markings (except where parking spaces have been provided, where entrance to or exit from the road is made, where there is a prohibition or restriction on waiting, stopping, loading or unloading indicated by a different sign or where there is a crossing) whether or not an upright sign to indicate the same prohibition is placed in conjunction with the line or kerb marking; and

(ii)
into which each entrance for vehicular traffic [into the AREA, not every road in an area] has been indicated by the sign provided for at item 1 or 3 of the sign table in Part 3 of Schedule 5

This is a bit old but I thought I'd give a brief update on the outcome.

I followed this one through all the way to the adjudicator stage. After a review of the case they agreed with me and concluded that the CPZ sign location was easily obscured- especially its placement following the end of a bus lane. They said they agree that because of its placement that it would be unreasonable for a driver to be able to review all the information outlying the CPZ times.

It’s nice to have a positive outcome- especially when taking on the council.

Thank you to all that contributed as without this forum I probably wouldn't have won.



Well done for seeing it through and for letting us know the outcome.


Assuming 'they' is the Tribunal and not the Council, could you please post up the decision, as, unlike London, there is no online library of TPT decisions. Just redact yr name & address.