I need to submit today so I will submit these as formal reps unless there are any commmets please:
The contravention did not occur due to:
1) There's no evidence of any actual suspension signs, just an advanced warning notice. The order says it's only valid at "such times then appropriate traffic signs are displayed in accordance with TSRGD 2016(c)", and that "Parking restrictions will apply when the appropriate signs are displayed". The council is put to strict proof that such signs were in display rather than mere advance warning signs.
The PCN gives a contravention of "01a Parked in a restricted street during prescribed hours (temporary traffic order)" which I dispute happened. In support, I refer to the authority's letter rejecting my informal representations, in particular the following:
Quoting verbatim from that letter 'When a parking place is suspended, the suspension remains in force whilst the suspension sign is in place. You must not use a suspended parking space to park, wait, load or unload while the suspension is in force, even if it appears there is no work being carried out."
This clearly shows that the authority consider that the parking place was simply suspended, indeed this word and its derivatives occurs no less than 8 times in just these two short paragraphs. And yet despite this, the PCN refers to the breach of a 'waiting' restriction.
The issue here is therefore whether the imposition of a waiting restriction within these parking places was made lawfully, properly implemented as regards notice and conveyed adequately to motorists by traffic signs. For the reasons set out in both my informal and formal representations which should be read alongside these and for the reasons set out above I contend that the alleged contravention did not occur.
From the picture taken by the CEO, the sign states 8am-6pm; the order states that the amended restriction applies only if the appropriate prescribed traffic signs are placed, the order states that the restriction is "at any time" (there is no reference to 8am-6pm), therefore "appropriate traffic signs" have not been placed, therefore the order has not been implemented correctly and no penalties may be demanded because the specific contravention has not occurred.
2) The suspension sign says the restriction lasts "until Monday 29th September 8am-4pm". As the observation time was after 8:07-8:19am, the signposted restriction had already ended.
3) The suspension sign contains incomprehensible text which doesn't mean anything.
4) PCN is for the wrong contravention. Code 02 should have been used instead of Code 01a as loading is also banned
5) Failure to consider of informal reps (as the claim that the right signs were in place is false)
6) The council is put to strict proof that "Tree works - Green Space, Cleansing and Gristwood and Toms" occurred after 08:07 on that day as otherwise the Traffic order imposes no restrictions.
7. The council has no produced any photos which are actually relevant to where my car was parked. The photos in display are of a sign which is posted after a disabled bay with different parking terms in the middle. The council needs to produce photos of the sign nearest to where the car was parked not of a different parking area separated by a disabled parking bay and multiple double white lines.
