Free Traffic Legal Advice

The road directly outside Wycombe Leisure Centre has a lay-by which can be used for dropping-off, but otherwise appears to be restricted.

I left my car here briefly when walking a family member into the leisure centre, and came back a very short time later to find that a yellow PCN had been affixed to the windscreen.

Before I pay the PCN, or consider appealing, there are three things I am interested to find out more about from those who know more than me, if they are willing:

- The stack of three signs next to the lay-by seem unusual to me, and don't mention anything at all about terms and conditions. Are there any rules that these signs are supposed to comply with in order for PCNs in this area to be valid?

- The PCN states that the vehicle was observed from 15:46 to 15:46. Is there any kind of minimum amount of observation time that might apply?

- The PCN refers to contravention 81: "Parked in a restricted area in an off-street car park or housing estate". This wording seems odd to my untrained mind. Clearly it's not a housing estate - but I am surprised that this simple lay-by qualifies as "an off-street car park".

Thank you so much.

Google Street View

Front of PCN:

Back of PCN:

Photo of nearest signs:

This looks like nonsense - it can't be restricted if it allows drop-offs and as you say there are no terms establishing the area as an off-street car park.

Strange layout?

https://tinyurl.com/4b332vr8

If this is a public road, with the double-yellow lines, the two exemptions apply (1) loading, and (2) boarding/alighting passengers. The council sign has no legal significance. Of course people parked there can be walloped for the double-yellow lines which apply 24x7.  I don't see how the council can claim this is anything else.

Searching online for the phrase "Handy Cross Hub Access Roads", it appears to me that Buckinghamshire Council is treating all roads in the Handy Cross area - near the leisure centre, the supermarket, the hotel, etc - as being one large "off-street" area.

When driving from the nearest main road (Marlow Hill) to the leisure centre, I see that the council has a small black/white sign stating that restrictions and penalties apply, implying that the apply past this point. GSV link with signs on either side of the road, although the quality makes it difficult to read the signs:

Please tell us about the family member you were escorting to the leisure centre, because you were obviously dropping somebody off. If the family member is classed as "vulnerable", (child or elderly infirm person etc), you were engaged in what is termed "assisted boarding/alighting", which should get you your PCN cancelled.

They are a child, but I have doubts about whether this would apply. I left the car to walk them into the building; it wasn't for long, but it was more than alighting from the vehicle.

This looks like nonsense - it can't be restricted if it allows drop-offs and as you say there are no terms establishing the area as an off-street car park.

Having looked online here and there in the last 24 hours, this is something I wondered also. My understanding is limited, but I had thought that Contravention 81 ("Parked in a restricted area in an off-street car park") only applies when no-one can use that area. The signs make clear however that some vehicles can use it: coaches, minibuses and taxis. In other words, surely the contravention at play should have been one that reflected the fact that my vehicle isn't one of the permitted types, rather than the fact that it's a "restricted area"...?

I challenged my PCN with the council on 2 June, and heard yesterday (9 June) that they rejected my challenge - as expected.

In principle I am willing to risk the higher amount and appeal this at the Traffic Penalty Tribunal, but does anyone see any potential for success beyond merely giving it a try?

My challenge:
I wish to appeal against my Penalty Charge Notice (PCN). This is for two reasons: signage at the entrance to Handy Cross Hub, and the contravention code used on the PCN.

Firstly, Buckinghamshire Council has failed to adequately make clear that Handy Cross Hub Access Roads are considered an "off-street car park", which is necessary for the PCN to be valid. Since the presumption with roads at Handy Cross, which entirely resemble 'normal' roads, is that they are not off-street, the council installed TWO signs at the entrance to Handy Cross Hub immediately south of the roundabout south of Fair Ridge - one on either side of the road. Google Street View images from 2017 confirm that this used to be the case (see photo 1, attached). Since then, however, the sign on the left side of the road has been removed; the upright pole remains, but is empty, leaving only the small sign on the right-hand side of the road (see photo 2, attached). On its own this is insufficient - and it is the council's responsibility to replace the missing sign on the left-hand side of the road, something they have failed to do, leaving road users unclear regarding the possible presence of an "off-street car park".

Secondly, the PCN refers to contravention code 81. This contravention code, which refers to parking in a "restricted area", is reserved for use when an area is restricted to ALL vehicles (see the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004). The lay-by in question does not qualify as this type of "restricted area", as its use IS permitted by some vehicles, such as coaches, minibuses and taxis - and by cars, when dropping off. Since some vehicles are permitted to use the lay-by, contravention code 81 cannot apply.

Their rejection of my challenge:
Front https://imgpile.com/p/Q1l7Z55
Back https://imgpile.com/p/TCojesP

To enter what they consider to be the off-street area, drivers have to pass between two small signs - visible on GSV from 2017 - one on either side of the road:

For a while now, however, the left sign is missing. There is an upright pole in the ground... but no sign. No GSV of this, only a photo I took myself recently and uploaded when submitting my challenge. https://imgpile.com/p/YswgAjH

I can't read the sign on your pic or on Maps view from 2017. But I don't think this sign is relevant to establishing the alleged contravention.

The sign states "Handy Cross Hub / Parking Controlled Zone / Off-street parking regulations in operation / No parking or waiting on roadway, pathway or verges / Penalties apply"

their rejection is nonsense about the contravention so I would go on with it.

In your view is the wording their use in their Notice of Rejection sufficiently poor to justify taking this to the Traffic Penalty Tribunal?

Thank you for your time with this.

The car was stationary and unaccompanied; would this not constitute parking - or are you thinking that the car wasn't on a 'roadway, pathway or verges'?

Yes and yes - I am registered keeper and the V5C address is correct.