Free Traffic Legal Advice

Hi FTLA,

I've found your forum recommended by users of Reddit and would greatly appreciate any input you can offer.

I have been issued an on-street (put under my wiper) Penalty Charge Notice (PCN) by Manchester City Council and I'm wondering if I have grounds to dispute it.

PCN and Circumstances

This is the PCN I was issued.



And this is a map of my journey (red) and where I parked (yellow)



Why I believe I have grounds to dispute

The reason why I believe I may have grounds to dispute it is because there are no markings on the road or signs on the street to indicate that permits are required. Here are two pictures of where I was parked. I've also taken a video (not attached) walking along the street to see if any signs are displayed on the lamp posts or fences and there are none.




Why I believe I may not have grounds to dispute

Unfortunately for me, there is a sign on the entryway to the estate which I missed last night (Blue dot 1 on my map). Here it is on Google Maps: https://maps.app.goo.gl/3JNfkeozqY25PfE39

Additionally, there are marked bays on the adjacent street Bell Crescent. This sign has been placed on those bays. (Blue dot 2)



I'd be grateful if anybody could tell me if I have a leg to stand on regarding this.

Additionally, I wanted to check, I know I have 7 days from date of issue to pay a reduced fine of £35. Am I correct in believing that if I raise an appeal that the clock on those 7 days are paused? (i.e. I could appeal, and even if unsuccesful, still only pay £35?)

Many thanks,
Graham

Your case comes under the old mantra of "if it looks too good to be true, then it is too good to be true". 

The reason why I believe I may have grounds to dispute it is because there are no markings on the road or signs on the street to indicate that permits are required.

This is because it is a Permit Parking Zone (PPZ), a fairly recent introduction by government. These only have signs at the entrances to the zone, and no carriageway markings or other signs are needed. In this particular case, there isn't a total ban, because the sign says there are signed bays for non-permit parking. You have posted the sign for one such bay.

I think if I were an adjudicator, I would he highly critical of the presence of only a single sign and no repeater signs whatever. This is a huge zone, stretching up to the Ashton New Road, yet the zone entrance here is also a single sign.

Of course, it is there because the Etihad Stadium is a short distance away, and fans come by car and park anywhere close. GSV September 2023, shows as Permit Holders Only on event days, with the next event day at the bottom of the sign. Obviously the fag of having to go round and update all the signs became too onerous for the council so they have just made the area Permits Only 24x7. No need for any effort now, just go round and get the money in !

You would have passed this bay on your way up Rylance St just before you turned right: -
https://maps.app.goo.gl/4HytFac646vJetEDA

Any reason for parking where you did ? Reason to ask is that residents are able to buy Visitor Permits which are given to their visitor, and one displays it on the car, or, sometimes, you can but a virtual visitor permit. Without these no traders could possible do any business in such areas.

Thank you both for your thoughts.

... you admit you missed the entry sign but there could be a case that it was hard to spot when turning left from a busy road.

I thought it might be relevant so I've got the video from my journey that night from my turn into the estate from Ashton Old Road; you can see on the dashcam the sign but only for a second. My dashcam is on my windscreen so being further forward I think it's likely to see things I can't?

Video

You would have passed this bay on your way up Rylance St just before you turned right: -
https://maps.app.goo.gl/4HytFac646vJetEDA

Any reason for parking where you did ? Reason to ask is that residents are able to buy Visitor Permits which are given to their visitor, and one displays it on the car, or, sometimes, you can but a virtual visitor permit. Without these no traders could possible do any business in such areas.

I did indeed pass the bays on Rylance Street; I don't think I took any notice of them. I didn't realise the area was a Parking Permit Area so I didn't think I had reason to pay attention to them. That might be a point against me and I should have noticed and realised.

The reason I parked where I did is that I was visiting friends who lived on that street and it was the only part of the street where I could park without blocking somebody's driveway. Frustratingly my friends did not mention the PPA.

Point of info - they are called permit parking areas and defined as below in schedule 1 of the Traffic Signs Regulations and General Directions 2016. The traffic signs manual says:
"Not all roads will be suitable for this type of signing. A cul‑de‑sac or a small network of roads with little or no through traffic would be the most appropriate. Otherwise the lack of road markings might tempt drivers unfamiliar with the area to park."

They are also don't need a sign on both sides of the road but a sign needs to be "clearly seen from all approaches to the permit parking area" - so this may be a point in this case, and also the size of the PPA possibly.

I suppose the council could argue that the presence of the parking bays is enough of a reminder about the zone.

If I'm understanding the information given, then it seems that an appeal is very likely to fail. What do people recommend? I'm writing this on Sunday evening, the PCN was issued on Thursday evening. I haven't messaged the council at all. I'm a little tempted to pay the reduced £35 to get the whole thing over and done with. What would people suggest?

Also can I clarify a question, if I do make an appeal to Manchester City Council, does that 'pause' the timer on being able to still pay the reduced £35 fine over the £70 one?

Thanks again,
Graham