Free Traffic Legal Advice

This topic was moved from Pepipoo where I registered years ago (sorry to hear it is not supported any longer).

I got a PCN for parking on Saturday 7 October in Bittacy road, nw7 1bp.
"16 Parked in a permit space or zone without a valid permit or clearly displaying a valid physical permit when required."

I challenged the PCN on the grounds that according to the signage the permit would be required: 1) Monday-Friday 10-11am or 2) Event days 1-6pm. 7 October was a Saturday and there were no signs advising on the next event's day and time.

The challenge was promptly rejected as "The onus is on the driver to familiarise themselves on the days on which events are taking place".

Location link is: https://maps.app.goo.gl/JR7y5Yf8rLG44zoY6.

Pictures on Google Drive: https://drive.google.com/drive/folders/1iUFpvUiMdfO_z2avuU-Ex57oq0SDVj2F

Bittacy Road can be accessed from either Bittacy Hill directly or via Sanders Lane.

TimePhoto_20231013_082313 and TimePhoto_20231013_082347 show the entrance to Bittacy Road - no event information or CPZ signs.
TimePhoto_20231023_122354 shows the entrance from the Sanders Lane - ditto.

TimePhoto_20231023_122508 shows the exit from Inglis Way to Bittacy Hill before turning to either Sanders Lane or Bittacy Road - no CPZ or event signs there either.
TimePhoto_20231007_155459 and TimePhoto_20231007_155748 show the signage in Bittacy Road where the car was parked.

PCN on Google Drive : 20231029_123006.

Council response on Google Drive: 20231031_122908, 20231031_122811, 20231031_122921.


The evidence from the council only confirms that the car was parked in the street (which is not challenged), but not any CPZ or event signs.

The next street - Bittacy Rise - has CPZ signs at the entrance. Bittacy Road and Sanders Lane have none.

My intention is to fight all the way to the traffic court as the council failed to advertise event days anywhere on route and I was able to take pictures of all street corners.


There is no way for the motorist coming from Inglis Way to know about CPZ or event days as there is no relevant signage on route.


Thanks in advance.

Thank you for responding.

Here is the link to the photos on Google Drive again - tested in another browser without cookies.

https://drive.google.com/drive/folders/1iUFpvUiMdfO_z2avuU-Ex57oq0SDVj2F.

I acknowledge that there are CPZ signs along Bittacy Hill, however they are well above Sanders Lane or well bellow Bittacy Road, therefore if you enter either street from Inglis Way you only see signs with parking restrictions ("1-6pm on event days") but no information about the event days.

Here is the link to the map:
https://maps.app.goo.gl/Lxqrzqs8oHs2Eioc6

And the Street View:
https://maps.app.goo.gl/xZfBgy9dbufHQPLLA

(Bittacy Road - no CPZ or event day signs at the entrance)

https://maps.app.goo.gl/tbQN9wJsnQzUzXRD7

(Sanders Lane - as above)

https://maps.app.goo.gl/c2Cb6TU7vWBJtPZN8

(Inglis Way - exit towards Sanders Lane or Bittacy Road).

Photos on Google Drive have up-to-date details about all these locations.

Only those driving along Bittacy Hill may be able to see the CPZ/Event date signs.

Thank you.

It came to my mind that Inglis Way and the surrounding area is a new development and Barnet council has not considered adding the signage. Therefore, when turning left from Inglis Way and then turning right to either Sanders Lane or Bittacy Road no CPZ or Event date signs exist. The only signs on Sanders Lane and Bittacy Road are those on my pictures - restrictions on the event day without advertising the event day.
My understanding of Traffic Signs Regulations and General Directions is that every street junction ("entry point") in the CPZ needs to have a CPZ sign with details of restrictions, otherwise signs need to be placed every 60m.

Will wait for the NTO.

Agree ! I did a virtual drive along your route, and indeed on Bittacy Hill, you see CPZ signs just after you can make the turn into Bittacy Road.
However, you are actually in another CPZ as announced on this sign in the opposite direction: -
https://maps.app.goo.gl/EjK8hqVwkJZS6aZh8
But there is no sign like this on your route.
It seems Barnet made a complete Pot-Mess of this special CPZ as outlined by one of our contributors: -
https://barnetpost.co.uk/2022/02/17/council-urged-to-repay-parking-fines-following-error-in-traffic-order/

Anyway, I did a little virtual drive from the north end of Bittacy Hill, and eventually found this CPZ sign: -
https://maps.app.goo.gl/Lnez5knJP4iwLPfE7

The mini-roundabout where Inglis Way joins Bittacy Hill is between the two sign locations above
So the plain fact is that there should be a CPZ sign here, as you come up to Bittacy Hill, and there ain't !
https://maps.app.goo.gl/Yzm6NarLtmav94UF6

Surely a slam-dunk win at London Tribunals ?

Completely agree and appreciate the time spent on virtual journey.

Not sure if this is going to be an easy win, but I'm inclined to fight.

Will share my draft representation after the Notice to owner arrives.

The NtO is sent to the name and address on the V5 for the vehicle. Are these details correct and up-to-date ?

It may surprise you to know that only 1% of PCNs issued ever get the adjudicators.  The discount is just too attractive and people's ignorance of the law doesn't help either. People have a touching faith in council probity.

I myself was among those 99% that paid without challenging 2 years ago. Not because I trusted the council but because I only noticed the PCN when I returned home and was reluctant to drive back and take pictures.
This time I scouted all the corners and found no information on the event. I am not a football fan - how can I know the council wardens' hunting days!
Hope my photos and Google Street View will convince that the signage is inadequate and not "sufficient" as claimed by the council.

What too many people forget is that the council has to prove you are guilty, you don't have to prove you are innocent.

I have seen more than one case where the best evidence of the signage are the images or videos submitted by the appellant themselves (just seen such an appeal filed today).

The key is to provide nothing, the council has to positively prove its case.

Why not start at the beginning!

My approach would be:

On Sat 7th October the driver parked in a parking place in Bittacy Road. As can be seen, this is reserved to 'Resident Permit Holders MH, Mon-Fri, with additional controls of Permit Holders only On Event Days ED.

A PCN was issued for the reason that the CEO believed that 7 October was an Event Day.

The council's obligation is to sign restrictions clearly and as the sign itself did not carry any information regarding whether 7 Oct. was an event day then on the face of it the restriction, if it existed, was not clearly conveyed and the contravention did not occur.

I am aware that adjudicators and the courts have held that signing each parking place in an area where such controls exist could place an impossible burden upon councils. They therefore accept that where these locations lie within controlled parking zones councils may discharge their duty to sign clearly by displaying information on every CPZ gateway sign.

They have not and do not accept that any burden falls to the motorist other than to make themselves aware of restrictions by looking at CPZ signs as they are passed. For example, a council does not discharge its duty simply by publishing information on a website: this does not meet the LATOR test.

In this case, the CPZ signs which were passed were located at **** and did not at the time they were passed carry any information to warn motorists that Event Day controls apply. It therefore follows that the council did not convey the information as required and the contravention did not occur. (if this is true)