All, please read my appeal below and let me know if its ok? if you could kindly reply by today I would be very grateful as I am very near the 14 day grace period. Should I also make reference to the Regulations?
kind regards
Shaun
Dear Redbridge
Ref: PCN – AF30401931 VRM EK19VYC
I make this formal representation:
The contravention did not occur as the sign referring to term time is proscribed. As per school parking restrictions, how is a driver expected to know the times of any term time in advance?
Furthermore, please refer to a recent case Papjinder Gahir v Redbridge council dated 12 Jul 2024 where the Contravention was Fail comply restriction vehicles entering ped zone. The appeal was allowed based on the following:
5. In the Notice of Rejection, the Authority did not address the Appellant's
comment that the term dates were not stated on the sign. In the Case
Summary, the Authority states that it has used both prescribed signage and
"colourful on-street information signs". The Authority has not provided any
authorisation from the Department for Transport for use of the term.
6. On the evidence before me, I find that the term time plate is not a
prescribed sign. The wording used is ambiguous as a motorists will not
always know when term time begins and ends, and this type of signage is
discouraged. A motorist should be able to understand the signage and
comply with it, by the signage alone.
7. In the circumstances, I find that the Appellant reasonably believed that
the restriction was not in place and complied with the sign on the
information available to him. The contravention has not been proved. This
appeal is therefore allowed.
I attach the details of this appeal that was allowed for your reference.
Please cancel the PCN therefore.
Yours
Reg. keeper
