Free Traffic Legal Advice

Hi All,

Parked in Stratford from 7pm - 8:30pm on 28th June. PCN issued at 7:27 pm.

The PCN mentioned this is due to parking without a valid permit, but does not mention anything about event day. This seems to be the only possibility as otherwise it would not be a violation.

The board does not provide any information about event days, or where to find that information.

1. The council website says "We advertise the date of the next event day on signs at the entrance to each of the RPZs." But I did not notice anything and the PCN also does not show that as evidence.
 The council also claims that "It’s a driver’s responsibility to be aware of event dates so you know when parking is restricted."

The route I took is this.

PCN Photos: https://imgur.com/a/rWX0H5N

Council's photos also do not show any information about event day signage.


Details:
PCN: PN22983168
VRM: LT71GXU
Street View: https://maps.app.goo.gl/uUCv7BnogQv6LBw88

Similar case (but code 30)

Any advice and assistance in drafting challenge would be appreciated.
Thanking you in advance.

Please post up the front of the PCN itself

I have some cases on this - one below - plus I think we one live ongoing case.

I think Newham's signage is defective and some adjudicators agree.

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Case reference 2240495930
Appellant Joe Manners
Authority London Borough of Newham
VRM AF65NBE

PCN Details
PCN PN38911392
Contravention date 09 Jun 2024
Contravention time 09:18:00
Contravention location Holland Road
Penalty amount GBP 130.00
Contravention Parked resident/shared use without a valid permit

Referral date -

Decision Date 10 Dec 2024
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mr Manners was scheduled for a personal hearing today but he has not attended and so the appeal is being decided on the evidence presented.
This PCN was issued for the alleged contravention of being parked in a permit holder only parking bay in Holland Road at 9.18am on Sunday 9 June 2024 without a valid permit.

I have looked at the CEO's photographs and the Council's site images. These show that Mr Manners' car was parked in a bay which was signed as being for parking by permit holders only during the restricted hours of 9am to 6pm from Mondays to Fridays. Beneath this, a further restriction read "On event days 8am to 9pm". It is not in dispute that there was no valid permit for parking.
The Council's evidence shows that Sunday 9 June 2024 was an Event Day.

Mr Manners appeals because he says that the signage was not clear in Holland Road. He says that he had no way of knowing that this was an Event Day.

The Council relies upon CPZ signs alerting motorists to Event Days. Library images are submitted of CPZ signs which carry an Event Day notice at the foot of the sign alerting motorists to the next such day.

CPZ signs alert motorists to single yellow line parking restrictions. A motorist parking on a single yellow line in a CPZ is expected to check CPZ parking sign restrictions and, in so doing, will be aware of Event Day restrictions. However, a motorist parking in a resident's bay or a shared use bay is subject to the signed restrictions for the bay which may or may not be the same as CPZ restrictions.

The time plate for this bay does not provide motorists with any information about Event Days. It does not refer the motorist to CPZ signs or to a website for details of Event Days. A motorist parking in the bay cannot be expected to know where to find details of Event Days.
The signage is also misleading. The wording "On event days 8am to 9pm" appears directly beneath the Monday to Friday normal restricted hours so that the motorist could easily read the added restriction as meaning event days which are between Monday and Friday.

I therefore find that the signage was not adequate and I allow the appeal for that reason.

It is worth challenging but only if you are prepared to risk the discount as Newham will likely refuse and only the tribunal is truly independent.

All you need to do is to select 'The contravention did not occur' if their website requires an option to be chosen and then state 'I was not parked in contravention. If you say this was because it was an 'Event day' I was not on adequate notice of it.

To get to the tribunal you have to wait for the notice to owner and get a rejection. That's the second stage after the windscreen PCN (which can be challenged too of course).

The tribunal appeal would be at the full £160.