Author Topic: Medway- Chatham High Stret - CC01- Parked in a restricted street during prescribed hours  (Read 314 times)

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That's odd. Using Chrome on a Mac with details:

Penalty charge notice MW94722827
Vehicle registration FE20KXC

I get:


Just checked it on Medway website. The pictures & details are there PCN showing at £70.
See link below

https://payment.medway.gov.uk/public/Pcn/lookup

Maybe just double check the PCN and Car Reg.

Also there is a link to the PCN in the original post of this thread posted 19th April 2026.
« Last Edit: June 16, 2026, 01:05:11 pm by JOJO1209 »

You must register the appeal right now with the tribunal. That's all that matters at this point.

@stamfordman
@tincombe



In the NOR, the council refers to signage stating "Except for loading by goods vehicles 5pm - 10pm". It also refers to yellow signs within the High Street stating that it is a Restricted Zone operating "At Any Time".

However, there were no such signs in the immediate vicinity of where I was parked. The council has not included any photographs showing signage close to my vehicle, despite referring to it in the NOR.

The High Street appears to be very poorly signed for such a lengthy road. There are entry signs on Bachelor Road, but these are surrounded by numerous shop signs and other street furniture. There are also no road markings on the High Street itself to remind motorists of any restriction.

In addition, the entry signs referred to in the NOR do not appear to be visible to approaching drivers from the direction I travelled. The signs are positioned on the far side of the junction and face away from approaching traffic.

I will try to upload the photographs I took earlier. If there are any specific locations, signs, approaches, or views that would assist in assessing the adequacy of the signage and preparing my TPT appeal, please let me know and I will go back to the High Street and take whatever additional photographs are needed.

I am going to register the appeal today to protect the deadline. I would be grateful for any assistance with drafting the TPT submission or just a few paragraphs or sentences to put on the TPT website and update it later once we have reviewed the additional photos pictures or more information.


Thank you.

@stamfordman

You must register the appeal right now with the tribunal. That's all that matters at this point.

Okay thanks.
I am going to do that now.

Please can you provide me with a couple of sentences or paragraphs to log in the TPT website.
Thank you.

Contravention did not occur

By the council's own evidence, both photos and correspondence, I was parked on an unmarked length of road. The council's position is that this is situated within a Pedestrian and Cycle zone and therefore they are relieved of their duty to place yellow lines to indicate 'No waiting at any time' by virtue of placing mandated traffic signs at the zone entrance.

The council have not presented these signs in evidence other than a photo of a sign prescribed for use as a 'No Stopping at any time' repeater within a Restricted Parking Zone. A totally different restriction to No Waiting, a distinction which seems to have escaped the council.

Absent the mandatory traffic signs which permit the council to dispense with placing 'No Waiting' markings, I submit that the contravention did not occur.

In addition, even if such a restriction applied I was exempt from its provisions by virtue of 'loading'.

My suggestion for now.

This needs tweaking. We'll know more if they contest it.

---------

Contravention did not occur

By the council's own evidence, both photos and correspondence, I was parked on an unmarked length of road. The council's position is that this is situated within a Pedestrian and Cycle zone and therefore they are relieved of their duty to place yellow lines to indicate 'No waiting at any time' by virtue of placing mandated traffic signs at the zone entrance.

The council have not presented any signs in evidence but my examination of Goggle Maps reveals a pedestrian zone entry sign prescribed for use as 'No Stopping at any time' and a repeater that says 'restricted parking zone' - not pedestrian zone. This is a totally different restriction to no waiting, a distinction which seems to have escaped the council.

Absent the mandatory traffic signs which permit the council to dispense with placing 'no waiting' markings, I submit that the contravention did not occur.

In addition, even if such a restriction applied I was exempt from its provisions by virtue of 'loading'.

I also dispute the service of the PCN by post as I believe I did not prevent the CEO from serving the PCN at the location.

@Stamfordman
@tincombe

Appeal registered on the TPT website to meet the deadline.
I stated that the appeal details would be provided later and am now updating it with the write-up provided.
Thank you both very much for your help - much appreciated.
« Last Edit: June 16, 2026, 04:59:37 pm by JOJO1209 »

The authority has now responded and uploaded its evidence. I will post it shortly for your comments and advice.

Video or telephone hearing which is the preferred option to choose?

Thanks

@stamfordman 
@tincombe
@Incandescent
@H C Anderson 
@404BrainNotFound

URGENT: TPT Hearing Tomorrow Afternoon – Help Needed in Pack Review & Core Arguments and draft written response.


https://ibb.co/Cpjz4zXH

Very sorry for the late update on this PCN & the TPT Phone / video hearing tomorrow Afternoon.

I have been unwell and dealing with a lot of personal challenges, so I simply didn't have the mental capacity to update my  post and provide the authorities evidence pack.

My Tribunal (TPT) hearing is tomorrow afternoon.

I have now attached/linked the Enforcing Authority's full evidence pack along with the TPT application I made.


Given how close the hearing is,  I fully intend to attend, as I know the Authority is likely banking on my non-attendance, not providing evidence or response to get a decision in their favour. They have detailed this in their evidence pack.

I fully intend to turn up for this case.

I have zero experience with tribunal hearings and feel completely out of my depth, I urgently need your expertise to help me prepare.
Could the experts please review the attached pack and application to help me:

Identify the core points and arguments I should focus on during the hearing.

Figure out what evidence I need to prepare or bring with me to support my case tomorrow.

Get some general tips on what to expect from the adjudicator and how to present my case.

A written response to the the Authorities evidence pack.

Any advice or guidance you can provide over the next few hours would be highly appreciated.
Thank you so much in advance for your time and input.

See next post for details.
« Last Edit: September 03, 2026, 03:37:03 pm by JOJO1209 »

@stamfordman 
@tincombe
@Incandescent
@H C Anderson 
@404BrainNotFound


MW94722827- 19/03/2026 19:04 -High Street (chatham) - Appeal logged
18/05/2026

https://ibb.co/Cpjz4zXH

Parked in a restricted street during prescribed hours
£70.00


Adjudicator's reasons for registering:
The appeal is registered
Grounds of Appeal:
The alleged parking contravention did not occur.

Explanation:
I appeal this Penalty Charge Notice on the ground that the alleged contravention did not occur.
First, there was no adequate signage at the location to convey any waiting restriction to motorists. Accordingly, the restriction was not sufficiently indicated and no contravention can be established.

Secondly, and in any event, I was stopped solely for the purpose of loading goods, which is an exempt activity under the relevant traffic restrictions.

Further, nothing within the Medway Council (Chatham Town Centre) Traffic Regulation Order 2024 appears to create a waiting restriction at the location where the vehicle was observed. If no such restriction exists in the applicable Order, the alleged contravention cannot be sustained and the Penalty Charge Notice must be cancelled.

I will provide a detailed appeal submission, together with supporting evidence, in due course. In the meantime, I rely upon the formal representations previously made to the enforcement authority and ask that they be treated as incorporated into this appeal.

For the above reasons, I submit that the alleged contravention did not occur and respectfully invite the Adjudicator to allow the appeal and direct the cancellation of the Penalty Charge Notice.

Authority Information▼
Authority Summary:
Medway Council submits the following statement in response to the formal representation received from the appellant in relation to the above Penalty Charge Notice.

The Penalty Charge Notice was issued because the appellant's vehicle was observed parked in a restricted street during prescribed hours, namely within Chatham High Street between 17:00-10:00, when access is prohibited to all unauthorised vehicles, accept for the purposes of loading and unloading. This area is also covered by a permanent “no stopping at any time” restriction, clearly indicated by prominent signage at the entrance on Batchelor Street and Military Road.

The appellant claims there was “no adequate signage” in place. However, photographic evidence (specifically Items 12 & 13) submitted by the Council shows clear, compliant signage at the points of entry into the restricted area. This includes:

A sign marking the pedestrian and cycle zone, operational from 10:00 to 17:00.

A “No Stopping at Any Time” sign beneath, which makes clear that stopping is not permitted under any circumstances, except for loading purposes between the hours of 17:00-10:00.

These signs are fully compliant with the Traffic Signs Regulations and General Directions (TSRGD) and clearly inform motorists of the restrictions in effect. It is the driver’s responsibility to read and comply with such signage when entering a restricted area.

The appellant asserts that they were stopped for the purpose of loading goods. However, this claim is unsupported by any evidence. The receipt Ms Wilson has provided, evidence item 4, is for the purpose of shopping not loading/unloading. The receipt shows a time of 17:56 as time of purchase. The guidelines used by Civil Enforcement Officers in respect of loading and unloading are that the activity around the vehicle should be continuous, adjacent, reasonable, timely and heavy goods.

The Map, evidence item 7  also shows a distance of approximately 220 metres form where the vehicle was parked, in relation to 'Primark' where the goods were purchased. The car park, situated above 'The Pentagon Shopping Centre' is approximately 90 metres from the store, considerable closer to where the purchases were made, item 8. 

Ms Wilson has also stated that there is no adequate signage indicating the restrictions to motorist, however, items 9 & 10 show a previous PCN (MW91973718) issued on 27/10/2024, at the same place. Ms Wilson would, therefore, be aware of the restrictions in place at this location. Ms Wilson also chose to take this PCN to the TPT and subsequently lost this appeal. 

The Traffic Regulation Order (TRO) covering this location explicitly prohibits vehicle access and stopping between 10:00 and 17:00. This includes an explicit exclusion of the loading/unloading exemption within the restricted period, due to the area being a high-footfall pedestrian zone.

The appellant asserts that “nothing in the Medway Council (Chatham Town Centre) (Traffic Regulation) Order 2024” creates a waiting restriction. This is incorrect. The Order does include both the pedestrian zone and no stopping restriction on Chatham High Street and has been correctly implemented and enforced. The PCN was issued in accordance with the provisions of this TRO, which lawfully prohibits stopping or parking during the stated times and under the conditions described on the signage.

The vehicle was observed parked within a restricted zone during operational hours.

Signage was clear, visible, and legally compliant.

No adequate proof of loading was provided, the receipt provided was for shopping not loading, as it did not fall under the criteria of being heavy goods. shopping is not considered as loading and no time is given to enable drivers to make their purchase.

The relevant TRO is valid and enforceable.

The contravention occurred as alleged, and the Penalty Charge Notice was issued correctly.

Medway Council respectfully requests that the adjudicator upholds the penalty charge.
« Last Edit: September 03, 2026, 03:37:47 pm by JOJO1209 »

READ their summary.

First para. Lines 14-17 etc.

They claim that a NO STOPPING SIGN creates a No Waiting AND no loading restriction.

IN LAW IT CANNOT.

That's it, IMO.

Thank you so much.

I also have a huge update.

I have literally just received a phone call from someone at the TPT informing me that Medway Council called to say they cannot make it to the hearing today and have asked for the hearing to be rescheduled. I was told I will be informed of a new date soon.This is such an incredible relief and an absolute answer to my prayers. It gives me the much-needed time to catch my breath and properly prepare. Now that the immediate pressure is off and I have a bit more time, what should my next steps be.
Are there any other points that you spotted?  Any further advice or help on how to structure this defense for the new date would be highly appreciated.

Thank you all again!

READ their summary.

First para. Lines 14-17 etc.

They claim that a NO STOPPING SIGN creates a No Waiting AND no loading restriction.

IN LAW IT CANNOT.

That's it, IMO.
That's absolutely correct. Bang on