Free Traffic Legal Advice

They've made a real pig's ear of their signs.

PCN ******

I refer to the above and make representations as follows:

Contravention did not occur.

It is common ground that the location of the alleged contravention was not marked with yellow lines and therefore on the face of it the contravention - breach of waiting conditions- could not occur. The legal burden then falls on the council to establish that despite the absence of prescribed markings they are empowered to enforce such a restriction.

I anticipate that the council will claim that the location lies within a zone of a type which allows them to dispense with lines subject to them placing prescribed zone gateway signs. In this case only 2 types are prescribed: pedestrian(and cycle) zone and Restricted Parking Zone. These are alternatives and may not be used in combination.

Subsequent to finding my PCN I have established that both types of sign have been erected, contrary to regulations, namely a Pedestrian and Cycle Zone sign at the entrance and a Restricted Parking Zone sign within the zone.
As regards the Pedestrian zone sign, the council will know that of itself this does not establish waiting restrictions(it is prescribed for moving traffic purposes) but may carry an associated plate which conveys that waiting within the zone is not permitted.

I refer you to the enclosed photo of the sign in situ which shows that the lower plate is not of the prescribed form and therefore of no effect. This arises because the symbol used is that prescribed for 'No Stopping' purposes which is not a permitted alternative of the 'No Waiting' symbol. These are objective facts and therefore if the authority reject these grounds they are obliged to prove that a sign not prescribed for this purpose may be used for such a purpose.

I would also refer you to the enclosed photo of a Restricted Parking zone repeater sign which is situated o/s *** i.e. within the zone. A RPZ is a unique form of zone prescribed by regulations(Traffic Signs etc. Regulations) which requires its own form of gateway signs, none of which is in evidence.

I would also refer you to the Secretary of State's Statutory Guidance which obliges authorities to give detailed responses where required and therefore caution you against simply saying that 'the sign is compliant'. If in any doubt, I suggest that advice is sought from the council's legal officers.

I would also add that at the time of the contravention I was not 'waiting' but in fact was parked for the purpose of loading goods from ****. These comprised ***** which necessitated the use of a vehicle and I was stationary for no longer than necessary.

I look forward to you confirming that the Pcn has been cancelled.

They've made a real pig's ear of their signs.

PCN ******

I refer to the above and make representations as follows:

Contravention did not occur.

@H C Andersen
This is brilliant. Wow!
You are truly an Expert.
Very grateful. Thank you so much.
I can’t wait to get the councils response.
I guess you are in the legal field judging from the style of your writing and use of words.
I owe you a drink or lunch just let me know.
I will keep the forum update once I hear back from them.
Thanks once again

Have you had an acknowlegement of yr e-mail?
What is the current status on the Medway site?

No - You get a notification / acknowledgement if you do it on the on-line portal.   I sent it by email as per the instruction of the staff I spoke to. She told me not to do it on the online portal. Anyway their system was down coincidentally.
Interesting they emailed that my appeal was not received and I should resend it.  They received a copy of the notification I sent but not the appeal which I sent separately minutes apart. I have resent it again several times now so they cannot say they haven't go it. 


Medway doesn't show status of PCN on their website.
The PCN is still showing at £70 but I guess they haven't got round to adjusting it yet as they are asking for an appeal that has already been sent. I will call them on Monday to get the status quo and confirmation they have received my appeal and reset the amount on the PCN.

Thanks

+1.

After a telephone conversation both parties have a clear understanding of what was said...

..the problem is that it is rarely a shared understanding!

For later: Medway Council (Chatham Town Centre) (Traffic Regulation) Order 2024

@H C Andersen @Standfordman @cp8759

Below is the rejection appeal letter received dated 16th December.
Sorry for the late posting, it got buried with other email communication. Just saw it.
Any advice on what to do next. Should I pay or wait for notice to owner and appeal and if necessary take it to the Tribunal.
Grateful for any advice from the experts on  what to do next. What are the chances of winning if it goes up to the tribunal?  Or should I pay the discounted amount of £35 that has been re-offered.

Link to appeal submitted

https://ibb.co/LpF6YCw


Thanks



Parking Services
Gun Wharf
Dock Road
Chatham
Kent
ME4 4TR
16th December 2024


Dear

PENALTY CHARGE NOTICE: MW91973718

I refer to your recent appeal regarding the above Penalty Charge Notice.


In exercising our discretion to cancel a penalty charge notice, the circumstances detailed in your representations have been considered and all reasons for appeal have been taken into consideration. However, on this occasion I cannot find any compelling grounds in which to do so.


Although you have stated that there is no yellow lines nor clear signage indicating the restriction, only in Batchelor Street and not the High Street and you were in fact not parked or waiting but loading from the Cash Converters, I am unable to accept these as mitigating circumstances because your vehicle was parked in a 'Restricted Zone At Any Time' area. Your vehicle was not exempt, therefore a Penalty Charge Notice was enforced by Medway Council.


The entry signs to Batchelor Street clearly state that this is a Pedestrian / Cycle Zone Only between 10am and 5pm. All paved areas of the High Street are a 'Restricted Zone At Any Time' for all vehicles between these hours and only permit Goods Vehicles outside of these hours for loading/unloading. This means that all general vehicles are not permitted to wait or park at any time. As your vehicle was parked and left unattended, your vehicle was correctly issued a Penalty Charge Notice.


I note your comment that you were loading goods and I can advise that this is not permitted between 10am and 5pm. In addition, if you are loading/unloading you must be seen to be doing so. Therefore, I am unable to cancel the PCN on the above basis.


As per Medway Council’s Parking Enforcement Policy, in a Zero Tolerance area, no observation period is required however I can confirm that the Civil Enforcement Officer gave your vehicle a 2 minute 11 seconds observation period and no activity was seen around the vehicle therefore the ticket was issued correctly.


I must advise that it is the driver’s responsibility to ensure all parking restrictions are adhered
to before leaving the vehicle parked.


Please find attached a copy of the link to our website in order for you to view the
photographic evidence that endorses the fact that the Penalty Charge Notice was correctly
issued. In order to access this page you will require your vehicle registration and penalty
charge number. http://www.medway.gov.uk/parkingandtransport/parkingticketsandfines.aspx


On appraisal of the evidence there are insufficient grounds for waiving the Penalty Charge
Notice on this occasion. I would therefore ask you to make payment of £35.00 within 14 days
of the date of this letter to take advantage of the discount of 50% available for early payment
of the Penalty Charge Notice. Failure to pay within the discounted period will result in the
Penalty Charge Notice being enforced at its full value of £70.00.


Should you wish to appeal further a `Notice to Owner` will be sent to the owner/keeper of the
vehicle at which stage the Penalty Charge Notice will stand at £70.00. Full details of how to
appeal will be given on the `Notice to Owner`’. If you disagree with the council’s decision at
the Notice To Owner stage you can appeal to the independent adjudicator. You can appeal
by visiting the tribunal’s website: www.trafficpenaltytribunal.gov.uk/appeal


Please note the Parking Office has the facility to accept payments by
Credit/Debit/Switch/Delta cards by using the automatic payments system on 01634
334477, or pay online at www.medway.gov.uk


Yours sincerely,


Mrs HM Fisher
Medway Council

@H C Andersen @Standfordman @cp8759


I have received the NTO.

Will appreciate help writing / drafting the formal representation.


The NTO formal representation can this be emailed to the council or does it have to be posted.

Thanks