Free Traffic Legal Advice

I received a notice to owner letter through the post and this was the first I had heard of any parking contravention.  I was not the driver at the time, but the driver assures me there was no notice stuck to the windscreen when he returned to the car and I believe him (it's my partner and would have no reason to lie and would be totally out of character).  Photographs show a notice stuck to the windscreen but it must have been removed by someone before he got back to the car. 

<br><br>Unfortunately today was the last day I could appeal so I've had to submit it before seeking advice here but I would still be very grateful if anyone can help me support my appeal/advise me.  This is what I have submitted:

<br><br>I was not the driver of the vehicle.  The driver was not aware that this is a controlled parking zone.  I have visited the area and there are no signs at all visible from where the driver parked.  The sign that the officer has photographed is on Bridge Street and not The Gravel where the driver parked.  The driver did not enter from the direction of the photographed sign so would not have seen it.  The driver did not see any restricted parking signs when entering The Gravel.  It was a genuine mistake made due to no visible parking restriction signs upon entry and no road markings or signs along The Gravel itself.<br><br>In addition, please note, there was nothing on the  windscreen when the driver returned to the vehicle, therefore the first time I was made aware of the penalty charge was on receiving the Notice to Owner letter in April.  I was not given the opportunity to pay the discounted rate of £35.  I am surprised to see that the office did photograph a penalty notice stuck to the windscreen but this was not present when the driver returned to the vehicle so must have been removed.<br><br>

The only thing not mentioned here is that I located the entry sign for the controlled zone that the driver would have passed but he obviously missed it and it's round the corner from where he parked (and technically on a different street).  As the CEO did not take a photo of this entry sign could we argue that there's no evidence it was present/visible at the time (it could have been obstructed and that was the only sign he would have passed)?

<br><br>I don't understand why they can't put more signs up in the area to make it clear as it feels like a deliberate trap but, if its a case of tough luck, is there any way I can at least argue for the fine to be reduced to £35 as I never had the chance to pay/appeal it at the discounted rate.


<br><br>Also, FYI in case it makes any difference at all, the car has since been in an accident and will most likely be written off so I will no longer be the owner of the vehicle.

<br><br>Googlemaps location:
https://maps.app.goo.gl/TGBThSui6MrgDxqJ9

<br><br>Please see attached images:
https://imgur.com/a/FbkE24A

<br><br>Thanks so much in advance for your attention!

Hi, all pages were included in the imgur link.  Please let me know if there's any issues with the link.  THanks!

There are only two approaches to this PPA, (1) turn off West Street and proceed south, or (2) north on the B1024.
So which direction did you approach on ? The photo of the sign is the southbound approach. So somewhere on the B1024 as one drives into the village, there should be another sign. GSV is too out-of-date to show these signs. So only some legwork will determine whether the council have put in a sign on the northern approach, and any repeater signs. With this being a through route, (B1024), I think it would have been reasonable to place some.

You need to prove that the council have failed in their duty under The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, (Regulation 18) to install adequate signage of the restriction. Needless to say, "adequate" is subjective.

https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

Also, another point is the entry sign is located within a private parking area so as a driver passing by it looks as if it relates to that parking area.  Its not located on the public road/path.  It's the other side of the fence.  Is this allowed?

Frankly, we really do need to see the sign you passed, in order to assess whether you have a good enough case to take to the Traffic Penalty Tribunal, because councils just refuse all reps knowing most people then just pay-up.

Only if you don't get the discount re-offered does it become a total no-brainer to go to adjudication. This is because there is no additional cost in doing so, but the council have to pay the adjudication fee.

Basically, it comes down to whether the council have discharged their duty under LATOR Regulation 18. The plan shows what is quite a small area, so the council could argue repeater signs are not required. They have only placed single signs at each entrance point; could this be argued as inadequate ? I think all the OP can do is post up their reply when it is received, and we can go on from there.