Author Topic: Medway Code 01 restricted street, canterbury st. Gillingham cpz signage a shambles.  (Read 3124 times)

0 Members and 448 Guests are viewing this topic.

I see no signs! Maybe the flagshaggers can take some of the blame if their flags are covering road signs. I sometimes use that road on my nightly rail replacement bus driving, in fact I'm round that way tonight so will have a close look unless I'm diverted by more road works.

The CPZ is presumably to prevent all-day parking for train commuters and match days at Priestfield Stadium which is within walking distance.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

OP, were you the registered keeper on the date of the contravention and are your DVLA details the same and current?


As regards the contravention:
In any formal reps pl forget all about parking bays and timings, not only aren't they relevant, they're confusing you and by the looks of the authority's rejection them as well and IMO undermining the credibility of your main argument which is that you were not parked in the vicinity of an applicable sign neither had you passed the alternative i.e. CPZ entry signs which is what I gather is your argument and not that you had, you'd noted the CPZ times but then were confused by parking place signage because this isn't a statutory defence and only goes to mitigation.

The issue is: were you parked on a waiting restriction whose times had been conveyed to you clearly and which were adequate in the circumstances?

Facts:
You were parked on a SYL which means a part-time waiting restriction.
There weren't any stand-alone upright traffic signs of the form prescribed in Schedule 4 to the Traffic Signs etc. Regs in the vicinity.

The burden then falls to the council to prove that the restriction fell within a Controlled Parking Zone whose timings were adequately signed at your point of entry into the zone by traffic signs of the form prescribed in Part 2 of Schedule 5 to the Regs with a traffic order underpinning the restriction.

In short, as regards the contravention stick to the issues of parked, there weren't any applicable traffic signs in the vicinity and as you had not passed any CPZ entry signs the restriction, whatever it was, had not been signed correctly or adequately, was of no effect and therefore a contravention could not be committed in the unique circumstances of your case.

As regards their response:
Errors/inconsistencies/incoherence/improprieties etc. don't really count for much at this stage. Furthermore, I could not see an adjudicator attaching much weight to their nonsense regarding instant PCNs given that you've not claimed that any possible exemption applies in your case e.g. loading, alighting etc.

Sorry for the delay replying. For some reason didn't get email notification of the last couple of posts.


Yes I'm the registered keeper on day of contravention (owned car for many years outright). Details are all correct.


@roythebus the signs have been rotated. I've included what was my view (N. on canterbury) and a view from the road on the left (stafford st). From the stafford st view you can see a zone E entry sign and behind it across the road the reverse side (zone end) of the other zone E entry sign.






Agreed, I did have a look when I was driving my bus round there in the middle of the night and noted a number of signs that had been rotated in various locations. I was there every night last week! Sorry I can't be of more help.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Just an update. I now have the NTO from Medway.

I'll put in an appeal sticking to the main point as suggested by HC Andersen, using the same photo as before.

draft for comment below.

I am appealing on the grounds that the contravention did not occur. The single yellow line on which I was parked had no time plate and in addition the signage at the entry to the CPZ is for all practical purposes absent.

Specifically:

The CPZ sign on the left hand side of Canterbury street cannot be seen at all driving into the zone – 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 or identify it as a CPZ sign, if you see it at all, particularly when driving at night as I was.

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.

 

Looks fine. The key is your pictures to show the adjudicator if they don't cancel and you want to appeal.

If you can go back and take close ups of signage that would help plus if they've fixed them it will confirm they were defective.