Author Topic: Misleading signage, electric vehicle parking bay, London Westminster  (Read 4118 times)

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Hello there! I've just received a parking ticket in London Westminster for Code 231: Parked in a parking place or area not designated for that class of vehicle (electric vehicles bay).

The bay that I used has no signage that tells you that it is reserved for electrical vehicles, neither on the pavement not on the pavement. The bay next to it has signage on the floor ("Electrical Vehs") and on a pole on the pavement ("Electrical vehicle recharging point at all times. 8.30am - 6.30pm Max stay 4 hours. No return on the same day"). There is a charging point on the pavement, located between the bay I used and the bay that has signage about being reserved for electric vehicles.

A copy of the PCN, PCN pictures, my pictures, and Google Maps screenshots can all be found here. My car is the grey SUV.

I plan to challenge on the basis that it is misleading - but is it according to the law? Any other advice?

Thank you!
Riccardo

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Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #1 on: »
Pl post a GSV of the location.

I plan to challenge on the basis that it is misleading - but is it according to the law? Any other advice?

You were parked in a parking space within a parking place. Each space does not require a traffic sign or road marking. The limits of the parking place are, in your case, marked by double lines which indicate that the parking place is internally divided into parking spaces.

See Section 2, Definitions, of this: https://www.cityoflondon.gov.uk/assets/Services-Environment/civil-enforcement-officers-handbook.pdf


Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #2 on: »
Quote
The bay that I used has no signage that tells you that it is reserved for electrical vehicles, neither on the pavement not on the pavement. The bay next to it has signage on the floor ("Electrical Vehs") and on a pole on the pavement ("Electrical vehicle recharging point at all times. 8.30am - 6.30pm Max stay 4 hours. No return on the same day"). There is a charging point on the pavement, located between the bay I used and the bay that has signage about being reserved for electric vehicles.

Unfortunately you are wrong with this, although I have to say the carriageway text is misleading. You parked in one of two spaces in a bay reserved for EV charging. How come, do I hear you say ? Because if you look behind the photo of your car you can see a double dashed line perpendicular to the kerb indicating a bay boundary. To the left it is a normal bay, and to the right, the EV bay.
I think it is very misleading to have the sign and carrieaway marking against only one space of the EV bay, so submit reps on that basis, but the council will reject whatever you say. So you must be prepared to take them to London Tribunals on the basis of inadeqate signage under Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996
see here: -
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #3 on: »
Pl post a GSV of the location.

I plan to challenge on the basis that it is misleading - but is it according to the law? Any other advice?

You were parked in a parking space within a parking place. Each space does not require a traffic sign or road marking. The limits of the parking place are, in your case, marked by double lines which indicate that the parking place is internally divided into parking spaces.

See Section 2, Definitions, of this: https://www.cityoflondon.gov.uk/assets/Services-Environment/civil-enforcement-officers-handbook.pdf

Thanks. You will find two GSV pix in the folder I shared, labelled GMaps01 and GMaps02. I see your point; signage according to the law. I still think it is misleading; there are two parking bays and the signage is all centred on one of the two parking bays.

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #4 on: »
Quote
The bay that I used has no signage that tells you that it is reserved for electrical vehicles, neither on the pavement not on the pavement. The bay next to it has signage on the floor ("Electrical Vehs") and on a pole on the pavement ("Electrical vehicle recharging point at all times. 8.30am - 6.30pm Max stay 4 hours. No return on the same day"). There is a charging point on the pavement, located between the bay I used and the bay that has signage about being reserved for electric vehicles.

Unfortunately you are wrong with this, although I have to say the carriageway text is misleading. You parked in one of two spaces in a bay reserved for EV charging. How come, do I hear you say ? Because if you look behind the photo of your car you can see a double dashed line perpendicular to the kerb indicating a bay boundary. To the left it is a normal bay, and to the right, the EV bay.
I think it is very misleading to have the sign and carrieaway marking against only one space of the EV bay, so submit reps on that basis, but the council will reject whatever you say. So you must be prepared to take them to London Tribunals on the basis of inadeqate signage under Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996
see here: -
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
Indeed, misleading will be the angle here and will have to go all the way. Sloppy signage that I'm sure generates nice revenues for the council (even the GSV image has a petrol car parked there!).

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #5 on: »
The signage (traffic sign includes road markings) is compliant and satisfactory IMO.

Let's start with your obligations as a motorist i.e. once parked in a parking place to look for the applicable sign. You were in a parking space in a parking place and did what exactly? How could the road marking mislead you unless you saw it, and if you did and were not an EV and did not charge then at whose door does this lapse land? Are you suggesting that every parking space(you call it a bay, but the correct term is space) should have its own upright sign or road marking?

IMO, you would not stand a chance at adjudication as regards the contravention.

But clearly there are differing views.

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #6 on: »
The signage (traffic sign includes road markings) is compliant and satisfactory IMO.

Let's start with your obligations as a motorist i.e. once parked in a parking place to look for the applicable sign. You were in a parking space in a parking place and did what exactly? How could the road marking mislead you unless you saw it, and if you did and were not an EV and did not charge then at whose door does this lapse land? Are you suggesting that every parking space(you call it a bay, but the correct term is space) should have its own upright sign or road marking?

IMO, you would not stand a chance at adjudication as regards the contravention.

But clearly there are differing views.

Yes we have different views, but I thank you for taking the time to review my post and share your opinion and the rationale behind it.

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #7 on: »
HCA is correct on a sign compliance basis, but in my view provides sufficient doubt,  that one could claim the council hve failed the adequacy test in Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

The point is that whilst its all compliant with the requirements of the The Traffic Signs Regulations and General Directions 2016, it may not be adequate. This point has been made by more than one adjudicator

However, as you can see, views can differ on this aspect.

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #8 on: »
Just off St John's Wood Road there is another double vehicle charging twin bay.
This time more properely marked
(Grove End road)
https://maps.app.goo.gl/EdA5UFkuYRQwTKNN7



Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #9 on: »
Just off St John's Wood Road there is another double vehicle charging twin bay.
This time more properely marked
(Grove End road)
https://maps.app.goo.gl/EdA5UFkuYRQwTKNN7
This is very helpful, thanks so much d612!

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #10 on: »
I've submitted the informal challenge, it can be found in the shared folder here. I'm keeping the information provided by d612 in my back pocket for now.
Thanks all!

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #11 on: »
D612's find is excellent and makes the prospect of success at London Tribunals better.

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #12 on: »
Given that this road marking is optional (para. 1 Part 5 refers https://www.legislation.gov.uk/uksi/2016/362/schedule/7), I don't follow how the presence or otherwise of road markings at different locations with the same restriction provides a legal argument.

Anyway, it's in the hands of the authority now.

OP, are you the registered keeper with current DVLA details? This issue is important because if, as IMO is likely, your reps are rejected then the next notice would go to the registered keeper.

Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #13 on: »
Hello everyone,

I am a London traffic warden, and most of the time just skulk around in your forum, given our reputation.

I am sorry if what I am saying should have been said in a new thread of my own, but because there is a live example in front of us, I felt that it was appropriate to make my point here?

I am confused by the contravention code with which the particular officer issued this PCN.

Whenever I issue a PCN on a vehicle that I observe in these circumstances, I use contravention code 14

"Parked in an electric vehicles’ charging place during restricted hours
without charging."

In this circumstance, the officer chose contravention code 23

"Parked in a parking place or area not designated for that class of vehicle."

The parking place is exclusively for electric vehicles to park AND charge their vehicle. e.g. I do issue Teslas in such a scenario where they are parked in such a bay, and are not plugged in, under code 14.

I take the view that the PCN was issued under the wrong offence code, as it implies that a vehicle could park in this location, so long as it is the right class of vehicle - an electric vehicle - and that is not true.

Most London boroughs - including the aforementioned Westminster - outsource our job to the private sector, which turns it into a business, as opposed to the service that it really should be.

In plain English, it means that we are just on the streets to dish out as many tickets as possible. The powers that be, surely know that loads of them are duds, but due to the sheer numbers issued, it is inevitably financially worthwhile

As for the main ground of appeal in this PCN - inadequate signage - I observe so many bays that are signed like this, on a daily basis. I accept the view that as much information as possible is useful to a motorist who is about to park their car, but suspect that adjudicators would open the floodgates if they allowed appeals on this ground.

I say this, because there is some seriously shocking street furniture in London, yet we are expected to enforce said streets.

I am sorry for going off on one in your thread, but sadly it is the only place where I can have a frank conversation about my "profession."
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Re: Misleading signage, electric vehicle parking bay, London Westminster
« Reply #14 on: »
This is the relevant part of Westminster's order.

I'd say the contravention is correct as clearly you can't charge a non-electric vehicle.