Free Traffic Legal Advice

Hopefully someone can offer some advice on a PCN I have received for parking in a suspended parking bay, but there were no suspension signs on the bay I parked in.

This happened on 12/6/24 in Newham when I was visiting Excel for an exhibition. I do not live in London, and was unaware of any restrictions in force other than the restrictions of the signpost. I parked up in a bay, and noted the parking restrictions being permit holders only Mon - Sat 0800 - 1830. I was parking on a Sunday, so these restrictions did not apply, so I parked up.

When I got back to my vehicle 3 hours later the was a PCN attached to the vehicle stating that I was parked in a suspended bay.

There was no signage on the bay I parked in. The bays further up the road did have suspension notices on, but not the one I was in, or the one next to it.

I made an informal appeal to Newham, and was sure that they would back down, but to my surprise that have declined to cancel the ticket.

I am inclined to take it to the next stage once they have issued the Notice to Owner, but I am here for advise if this is a sensible option, as if I lose that appeal then my penalty increases from £65 to £130, so I really would like your opinion on if it is worth the risk. What do you think?

PCN
Parking location with sign
Parking loaction with sign 2
Parking location from distance
Correct signage on other bays
Appeal text made to council
Appeal acknowledgement
Appeal response declining

@Darkhorse well obviously you should carry on as the council's case appears entirely hopeless, but they have mindless drones on minimum wage who send fob-off letters in response to all informal challenges, because most people give up and pay so there is no incentive for the council to do anything different.

As per the guidance please give us the PCN number and the number plate and I'll also get hold of the suspension logs.

I take it you have the V5C and the address is up to date? Don't assume, please physically check it.

It's not a 'suspended parking bay', you might want to change this to 'Parked in contravention of temp traffic order'.

The rules regarding signage are slightly but(as set out below) materially different as between suspension, which simply requires adequate signs to this effect, whereas a TTRO requires an order - you can see (or rather can't see) the salient points of this in the 2 pages of A4 on the sign. Separate regs also apply.

No doubt cp will obtain the order for a belts and braces approach.

The photo of the sign shows this to be on lamp column 1 which is situated right at the start of the affected area. A tick for the council.

But this is not a continuous parking place, instead it's a series of separate parking places each with its own traffic sign.

As a minimum, IMO the council were required to cover the traffic signs in all affected bays as well as place a TTRO sign.

I'll set out my understanding of the law as regards signage for comment by others:

This is a restriction to which s14(7) of the Road Traffic Regulation Act applies;
Therefore, paragraphs 6 and 7 of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 apply;

In particular, 7(c) which provides:
 
(c)in a case where the instrument [the TTRO] contains provisions suspending statutory provisions [the Traffic Management Order which designated and regulates the parking places] to which section 14(7) of the 1984 Act applies, such removal, replacement or covering up of existing traffic signs as the authority may consider requisite for the purpose of avoiding confusion to the users of the road.

In short, IMO by not covering up those traffic signs in the affected bays(plural, it's not just your parking place that's affected), the council have not complied with their legal obligations.

EIR response, you couldn't make it up:





The London Borough of Newham, Freemasons Road, Canning Town,E16, (Temporary Prohibition of Traffic), Order 2023
The London Borough of Newham, Freemasons Road, Canning Town,E16, (Temporary Prohibition of Traffic), variation Order 2024
London Gazette

We seldom use the statutory ground that the order is invalid, here is one case where it could apply.

Did you get an NTO? They have 56 days to respond to a representation to an NTO (it's not an appeal - that's what comes at the tribunal).

I read a case at the tribunal the other day where a council tried it on with a suspended bay in a row of separate bays but without signing the one in question. It was of course allowed in favour of the keeper. 

A letter could be lost but it seems they have probably cancelled it as amount owing is £0.

You don't have to do anything but you could email them for peace of mind.