Free Traffic Legal Advice

Hi


I could really use your help. I parked in a bay that everyone uses because there’s no restriction on that side of the road. But guess what? I got a ticket even though there’s no signage stating any changes. When I confronted the warden, he said there’s a sign at the other end of the street, the end I didn’t enter from. But here’s the catch - he also said that the pole that was there had been vandalised and cut down, which isn’t true at all. Do I have any grounds for appeal?

https://postimg.cc/gallery/C0wfWPQ

Hope Iv done this right, thank you

Hi

Yes I challenged it and it was refused, I’m just working out how to download the letter

Is this right 🤞

Yes - please post the remainder.

I’m trying to post the 2nd page but it seems to only download 1 page

Their letter is the usual tosh we see so often from London councils, and is an actual mis-statement of the law and regulations. As SFM says, the CPZ signs only control parking on the single-yellow lines in the zone, not the parking bays, which must have their own signs.
 
If one looks around virtually using GSV, there are signs by some bays, but it is clear that Newham have failed in their duties under LATOR Regulation 18 which puts them under a duty to erect signage advising of restrictions and to maintain those signs for the whole time the restriction remains in operation.

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

This is the 2nd page Iv now managed to do
https://postimg.cc/gallery/pKkjZYL

This is the sign from the other end
https://postimg.cc/gallery/NLTry5F

Looks as if the CEO needs to go onto a refresher course, because these signs have nothing whatever to do with the parking bays. They control the single-yellow lines.

IMO, 100%.

Putting this out for wider comment.....


But considering that GSV shows that there hasn't been a traffic sign here since 2019 they have a problem.

PCN *******

As you will see from the attached GSV snapshots dated March 2018, April 2019, September 2020 and April 2022 the single traffic sign which was present in 2018 disappeared between then and April 2019. I also refer you to your CEO's photos which show that the required traffic sign is not in situ.

That the council has not replaced this sign or installed an alternative in the following 6 years is disgraceful and dereliction of their duty under LATOR.

That you would have no doubt issued unenforceable PCNs during this time is even worse and constitutes systemic unlawful enrichment.

That you tried this on with me and denied my initial representations on this point I find unforgivable.

When you have confirmed that my PCN has been cancelled, I shall consider my next step. But if you reject these representations then this as well as the authority's embarrassment at adjudication - at which I would press for a hearing whether you contest or not- would be certain.

I await your response.