Author Topic: PCN- Manchester- Hibbert street, code 12  (Read 1223 times)

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PCN- Manchester- Hibbert street, code 12
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Hi All,

So pleased to have come across this forum as I have been on PePiPoo for a few years and was so sad to see that go. Really appreciated everyones advice and help.

So this PCN was issued for not having a permit displayed.
To explain more I will attach screenshots of where the car was parked and the signs. There were no signs whatsoever near the parked car.

Approaching from this road and turned right just after the restaurant onto the side road and parked (the sign displayed below I assumed was relating to the road I was travelling on,it was very confusing)





This image is of where the car was parked, it was the same place this silver car is parked on this streetview image.






After looking on streetview, there was another sign at the opposite end of the road and there was no way to actually see that sign unless approaching from that direction.







These are images of the PCN front and back:






Streetview location:


https://www.instantstreetview.com/@53.453445,-2.2253,340.13h,-7.26p,1z,GYrfzbbG5-OzOQSUFK0obw



Would appreciate any advice and if I should appeal based on inadequate signage?


Thank you
« Last Edit: June 30, 2024, 03:18:30 am by EA_RAL »

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Re: PCN- Manchester- Hibbert street, code 12
« Reply #1 on: »
How did you enter Grandale?

There is an issue with the signage in general, but whether you could exploit this to your advantage I don't know.

Re: PCN- Manchester- Hibbert street, code 12
« Reply #2 on: »
The sign you refer to is the sign one sees at the entrance to a parking zone for permit holders only. So until you pass a sign indicating the end of the zone, you are in it, and therefore can only park during the specified hours with a permit.

However, having looked on GSV, the signage could be claimed to be inadequate. Here is a view showing it: -
https://maps.app.goo.gl/sWkVZDmbGBoZDxC36
With signage issues, you usually have to take them to adjudication, because for councils, "everything is perfect". So, submit an informal challenge, stating that the signs are inadequate to convey the restriction.

Re: PCN- Manchester- Hibbert street, code 12
« Reply #3 on: »
...but not before you pl reply to my question!

Also, who is the vehicle's registered keeper and are their V5C details current.

Re: PCN- Manchester- Hibbert street, code 12
« Reply #4 on: »
@EA_RAL as per the guidance here, please re-post the PCN without redacting anything.

At the moment we don't know what evidence the council has to prove the facts.

In the meantime I have requested the traffic order for this restriction, and arguably it's the wrong contravention code as the signs say permit holders only, so it should have been 16 Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required rather than 12 - Parked in a residents’ or shared use parking place without clearly displaying a valid permit or voucher or pay and display ticket issued for that place where required.

But we need the unredacted PCN before we can really do anything else.
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

Re: PCN- Manchester- Hibbert street, code 12
« Reply #5 on: »
How did you enter Grandale?

There is an issue with the signage in general, but whether you could exploit this to your advantage I don't know.

Apologies for my delayed response. The car is registered under my friend, we were driving on the main wilmslow road and then turned into grandale street, so from this direction the only visible sign to us was the one I attached just before the restaurant. We then turned right onto hibbert street.

Re: PCN- Manchester- Hibbert street, code 12
« Reply #6 on: »
The sign you refer to is the sign one sees at the entrance to a parking zone for permit holders only. So until you pass a sign indicating the end of the zone, you are in it, and therefore can only park during the specified hours with a permit.

However, having looked on GSV, the signage could be claimed to be inadequate. Here is a view showing it: -
https://maps.app.goo.gl/sWkVZDmbGBoZDxC36
With signage issues, you usually have to take them to adjudication, because for councils, "everything is perfect". So, submit an informal challenge, stating that the signs are inadequate to convey the restriction.

Thank you for your reply, I actually wasn't aware it was an actual 'zone'. The only visible sign to us was the one before we turned right on the street we parked in. The only other sign on hibbert street was the one the very opposite end of the road.

Re: PCN- Manchester- Hibbert street, code 12
« Reply #7 on: »
@EA_RAL as per the guidance here, please re-post the PCN without redacting anything.

At the moment we don't know what evidence the council has to prove the facts.

In the meantime I have requested the traffic order for this restriction, and arguably it's the wrong contravention code as the signs say permit holders only, so it should have been 16 Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required rather than 12 - Parked in a residents’ or shared use parking place without clearly displaying a valid permit or voucher or pay and display ticket issued for that place where required.

But we need the unredacted PCN before we can really do anything else.



Thankyou CP, will attach those again:



« Last Edit: June 30, 2024, 08:54:40 pm by EA_RAL »

Re: PCN- Manchester- Hibbert street, code 12
« Reply #8 on: »
The use of 12 as opposed to 16 isn't a guaranteed winner IMO, I've tried this previously and the adjudicator was not persuaded(but I won on other grounds).

The single (PPA) sign as opposed to two isn't a silver bullet either, neither is the total lack of 'zone end' signs. The PCN seems compliant. I don't see that the council's photos can show much other than that the car was parked. There are 3 different entrances into this zone and you could have entered via any of them. 

IMO, you should return and note the location of all PPA signs and Zone Ends signs in the area bordered by Wilmslow, Grandale, Claremont and Viscount.

To take an example from GSV, although this might not be current. You referred to a PPA sign at the other end of Hibbert. This faces into Hibbert from Claremont. So, if you are in Hibbert you are in the PPA. And if you go past this sign.....you are still in the PPA because it's not facing you, there's no Zone Ends sign and therefore Claremont is in the PPA.

But it isn't. Or, if it is, then why have the council chosen to place a PPA in a side road off a road which is already in the PPA at this location but not where Hibbert comes off Grandale?

You might need to read this a few times to get the gist!

But now I'd like to see a plan with all PPA and Zone Ends signs in the quadrant which I've set out.

Re: PCN- Manchester- Hibbert street, code 12
« Reply #9 on: »
This is the totality of the council evidence:





















That evidence is not adequate to establish that there has been any contravention, so the council does not start from a particularly strong position. You do not want to highlight this in any representations, because you don't want them to go and get better photos of the signage in preparation for any tribunal hearing.

I'm not sure which sign the council has photographed, but the sign you would have passed is on the offside and it's skewed towards the wall if you look at it from here: https://maps.app.goo.gl/VLUVDv3r9Cw2Bs878

Do you recognise the location of the sign photographed by the CEO?
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

Re: PCN- Manchester- Hibbert street, code 12
« Reply #10 on: »
The use of 12 as opposed to 16 isn't a guaranteed winner IMO, I've tried this previously and the adjudicator was not persuaded(but I won on other grounds).

The single (PPA) sign as opposed to two isn't a silver bullet either, neither is the total lack of 'zone end' signs. The PCN seems compliant. I don't see that the council's photos can show much other than that the car was parked. There are 3 different entrances into this zone and you could have entered via any of them. 

IMO, you should return and note the location of all PPA signs and Zone Ends signs in the area bordered by Wilmslow, Grandale, Claremont and Viscount.

To take an example from GSV, although this might not be current. You referred to a PPA sign at the other end of Hibbert. This faces into Hibbert from Claremont. So, if you are in Hibbert you are in the PPA. And if you go past this sign.....you are still in the PPA because it's not facing you, there's no Zone Ends sign and therefore Claremont is in the PPA.

But it isn't. Or, if it is, then why have the council chosen to place a PPA in a side road off a road which is already in the PPA at this location but not where Hibbert comes off Grandale?

You might need to read this a few times to get the gist!

But now I'd like to see a plan with all PPA and Zone Ends signs in the quadrant which I've set out.


These are all the signs in the area. The purple X is the parked car.




« Last Edit: July 05, 2024, 09:19:42 pm by EA_RAL »

Re: PCN- Manchester- Hibbert street, code 12
« Reply #11 on: »
We dont seem to recognise this particular sign, the only sign we saw was the one near that restaurant.
Is it normal that the photos of the car were taken at 9:25pm and the sign at 10pm?

Do we have any grounds to argue at all or just better to pay up?

Thank you
« Last Edit: July 06, 2024, 06:32:56 pm by cp8759 »

Re: PCN- Manchester- Hibbert street, code 12
« Reply #12 on: »
I would definitely make formal representations, the council's evidence looks weak and it is quite odd that the photo of the sign was taken 30 minutes later than the photos of the car.

The one thing you must not do is alert the council to the weakness of their case. If you attack the photos or the signage in the representations, they'll know to prepare a water-tight evidence pack for the tribunal. The map you've put in post 12 is probably better evidence than I've ever seen a local council put in front of the tribunal (I suggest you delete it). While you cannot lie or mislead, you are not required to incriminate yourself (people tend to do this a lot for some strange reason).

There is a fair chance the council's evidence at the tribunal could fail to prove a contravention, though of course we can only go by past experience and cannot give any guarantee on the outcome.

Therefore whether you wish to pursue this is not is very much down to your attitude to risk.

Are you the registered keeper and do you have the V5C?
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

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

Re: PCN- Manchester- Hibbert street, code 12
« Reply #14 on: »
@EA_RAL any updates?

I've now received The City of Manchester (Rusholme and Moss Side Area) (Prohibition and Restriction of Waiting, Limited Waiting Parking Places and Residents Parking, Loading Bays and Amendment) Order 2023.


Sorry for not updating on here, I forwarded all advice and messages from here to my friend and unfortunately she decided not to risk it and paid the discounted fine!

Thank you all for your efforts and advice