Free Traffic Legal Advice

Draft a short challenge and post here first.

OK will do.

Does this just need to focus on the cpz signage (i.e. does the faulty cpz signage automatically invalidate the SYL) or do I need to address the no yellow time plate for the SYL section as well?

Draft Appeal

I am appealing the issue of PCN number MW93865873 on the basis that the contravention did not occur. The reason for this is detailed below.

The signage entering the CPZ is seriously defective and thus invalidating Controlled Parking Zone E. Given that the CPZ is invalid due to poor signage, the single yellow line on which I was parked is therefore not enforceable since, as the CPZ is invalid, the line has no hours of enforcement. The single yellow line also had no yellow time plate.

The defective CPZ signage is detailed below

I entered CPZ E heading north on Canterbury St, before turning around and parking on the SYL outside Medway Medals where the alleged contravention occurred.

The signs at the entry to CPZ E, where my car entered the CPZ, are located at the junction of Canterbury St and Stafford St. The attached photograph shows the drivers view of the sign(s) approaching entry to CPZ.
As can be seen from the attached photo is very difficult to see either CPZ E start sign. The left hand and right hand signs are arrowed to help enable their identification.

The sign on the left hand side of the road cannot be seen at all. The left hand side sign has been rotated completely through 90 degrees and only its pole is visible. The left hand sign can only be seen if actually in Stafford St.

The sign on the right hand side is also severely rotated, it can just be made out that there is a sign there, but is at such an acute angle, that it is completely impossible to read it. The sign is also unlit and it was dark at the time of driving past it.

It is completely unreasonable to expect any motorist to be able to read and interpret either sign whilst driving north on Canterbury St. as they are currently positioned.

From google street view it can be seen that the signs have been like this for many years and rarely, if ever, maintained. Medway Council are under a duty to maintain signs reflecting traffic orders they have introduced in Regulation 18 (1) (b) in The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996. The council have demonstrably failed to do this. The traffic order for the CPZ E is therefore invalid.

Link to Photo of entry to zone

Any comments on draft appeal in above post?

Looks OK, but don't expect them to roll over and cancel the PCN. You must be prepared to stand your ground and take them to the Traffic Penalty Tribunal.

It needs tweaking. I'll do it later.

Just a gentle reminder on this. PCN was served 25/10 so still plenty of time.

Thanks

Jim

This is better I think.

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I am challenging PCN number MW93865873 on the basis that the contravention did not occur owing to inadequate signage.

I parked on a single yellow line on Canterbury Street and did not see any controlled zone signs on my route, and also checked the yellow line for a timeplate, finding none.

I am well aware of controlled zones in Medway and have only encountered ones that end at 6.30pm, so felt sure this was also the case.

I was puzzled to get the PCN and spent some time retracing my route which was, north on Canterbury Street, before turning around and parking outside Medway Medals.

I managed to find seriously defective entry signs:

The sign on the left hand side of the road cannot be seen at all – it has been rotated completely through 90 degrees and only its pole is visible.

The sign on the right hand side is also severely rotated: it can just be made out that there is a sign there, but is at such an acute angle that it is impossible to read it when driving or even to spot it’s there.

I have taken a picture to show this (enclosed).

As the council has failed to comply with its duty to maintain signs that convey the restriction to the drivers, the PCN must be cancelled and I look forward to early confirmation.

I hope too this will aid you in restoring the signs to their compliant positions.

Yes I wasn't sure about the CPZs.

I had a look on Maps and there is a parking bay outside KFC where the time ends at 10pm to match the CPZ, but there is another bay on the opposite side near where you were that ends at 6pm (if still current). While CPZs control only single yellow lines, bay times are often the same.

A bay with an earlier end time is with mentioning if you had seen it as it seems you did.

I also note that a nearby bay where I initially tried to park has an end time of xxx, which is misleading in a controlled zone.