the following is my appeal letter is it okay if i reference the case posted by stamfordman if not ill take it off
I am writing to challenge the above Penalty Charge Notice on the grounds that I believed I was parked lawfully and that the signage and road layout at the location are inadequate to clearly indicate any prohibition on footway parking.
I was displaying a valid Blue Badge and parked where I genuinely believed footway parking was permitted. This belief was reinforced by signs placed in the main road that appear to indicate footway parking is allowed. However, the signs used are prescribed for area-wide exemptions (Item 12 of Schedule 7 of the TSRGD 2016), not individual parking places. These signs are not accompanied by any termination signs, so it was reasonable to assume the exemption applied continuously into the adjoining road where I parked.
There are also no compliant signs or markings in Amhurst Gardens to indicate either:
The start or end of any permitted footway parking area, or
That the area I parked in was not covered by the exemption indicated on the main road.
This lack of clarity created a legitimate expectation that footway parking was still permitted at the location. The signage used by the council does not comply with the regulatory requirements under the TSRGD 2016, making enforcement in this context questionable.
If the authority does not intend to cancel the PCN, I request that you provide:
A copy of the council resolution or traffic order that lawfully permits or restricts footway parking in the relevant location, and
Any signage diagrams, markings, or maps showing where footway parking begins and ends, including evidence that appropriate termination signs are in place as required.
I also refer to case 2200184855 (Adam Miller v LB Hounslow) in which the adjudicator found insufficient clarity in the signage and traffic markings in a similar situation.
In light of the unclear and possibly unlawful signage, I respectfully request that the PCN be cancelled.
