Author Topic: Bromley - Code 02 - Parked or Unloading in a restricted street.... - Hayes lane  (Read 861 times)

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Hi Everybody, Hope you're all keeping well despite all the madness in the world at the moment. I'd really appreciate any help on this PCN as I think Bromley have used this as a cash cow by deliberately not putting cones and triangular signs which can actually be seen. So the story is this.

I went to a boot fair in Hayes lane in Bromley, And parked approximately here in the middle of a line of parked cars in a place where there is normally no parking restrictions of any sort. We then proceeded to walk through a footpath through the fence which is approximately 8 metres away (near where the person is walking and where the warden is leaning over in 2 of my photos). Google street view location below , please note that the street view does show one of the parking signs but this was obscured by a bus and was on the other side of the road and also, does not look like a parking sign. There is normally no parking restrictions on this road as it is only for boot fair days

https://maps.app.goo.gl/kZkY85ebpCQnPb647

when I came out from the boot fair around 25 minutes later there was a warden putting tickets on the cars, mine already had one and he was ticketing the car behind. I have this on video ticketing the cars and only when I asked why I got a ticket did he make me aware of the signs. There was no " no waiting" cones of any sort put down in this location. I appealed this ticket and the appeal was rejected, I appealed on the grounds that it was not clear that a parking restriction had been put in place, As evidenced by the fact that so many people had parked there, there was no cones to suggest anything out of the ordinary was going on and that the usual triangular corrugated yellow plastic signs that they use for parking suspensions which are visible from all angles were not used. this was rejected. A Few weeks later Bromley council put a parking suspension in place in Crystal Palace and they used cones and Triangular signs and I Emailed them to ask why , if they had them why didn't they use them in Hayes lane and if they didn't have them why did they start using them, did they think Hayes lane wasn't clear enough. They didn't respond. Ive included photos of the signs and cone they used in Crystal Palace so you all know which ones I mean. I admit that there were signs up but they weren't visible from where I got out of the car and went into the boot fair. Admitted I wasn't paying too much attention as this was less than 2 weeks after my Dad had died but even if I was I still wouldn't have seen them, If they were the triangular type I would have and if there were no parking cones I would have gone looking for signs to see why they were there. Thanks in advance for any advice. Billy

Edit- just noticed on another posters ticket that it has temporary traffic order in brackets on their ticket, mine hasn’t, should it ?





























« Last Edit: September 11, 2025, 01:47:58 pm by billyt »

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Despite their rejection of your challenge, I believe you may have an argument hor inadequate signage. Most of the few 'suspension signs' (as they call them in their rejection) appear to be on the opposite side of the road and lack the customary 'wings' of suspenion signs.

That said, I found this on the side you parked:
https://maps.app.goo.gl/njFjGw3456KkjWa56

How far were you from it? Did you pass it on your way to the sale?
Were there any others on this side?

UPDATE:
Found one on a tree here (entrance to sale?)
https://maps.app.goo.gl/RzK15pQorehgGceA7

And another:
https://maps.app.goo.gl/GPQrhFM5yR7t5hxA7
« Last Edit: September 11, 2025, 12:31:06 pm by John U.K. »

Despite their rejection of your challenge, I believe you may have an argument hor inadequate signage. Most of the few 'suspension signs' (as they call them in their rejection) appear to be on the opposite side of the road and lack the customary 'wings' of suspenion signs.

That said, I found this on the side you parked:
https://maps.app.goo.gl/njFjGw3456KkjWa56

How far were you from it? Did you pass it on your way to the sale?
Were there any others on this side?

UPDATE:
Found one on a tree here (entrance to sale?)
https://maps.app.goo.gl/RzK15pQorehgGceA7

And another:
https://maps.app.goo.gl/GPQrhFM5yR7t5hxA7
Hi John, the signs were there but from where I got out of the car and into the field I was a) bang in the middle of them and b) unaware of them or anything out of the ordinary as they were not visible and there was no cones etc. you mention one is next to the entrance which raises another point. If the council had made me aware of the parking restrictions properly why didn’t I park in the free parking which is actually closer. The reason being that they had not made it clear. Another point maybe worth mention is that the writing is so small that you would have to stand right in front of the sign to read it, and , as can be seen they are close to the road edge and if no one parked there you would be standing in a live lane of traffic. I did not pass any signs when walking from the car to the car boot, I did drive past some now that I know but when you’re driving you can’t make them out, they could be planning applications or anything,

Whether it be a Temporary Traffic Order, or a Traffic Order, the council obligation to put up signs advising motorists of the restriction remains the same, and is found in Part III 7.(a) of the Schedule to the The Road Traffic (Temporary Restrictions) Procedure Regulations 1992

https://www.legislation.gov.uk/uksi/1992/1215/schedule/made

In the case here, it seems quite clear that the council failed in their duty adequately to sign the restriction


@billyt thank you for your message, however please read the June 2025 update at the bottom of the page here and here.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order