Hi all,
Update on appeal:
I recieved my notice to owner and made a representation. Unsurprisingly it was rejected. I have attached my notice of rejection and my representation. Please let me know if i should resubmit the same to the tribunal or add.
Few points i took away from the rejection. 1 is it normal to reapply the discount period? admission of guilt in the hope i would pay? 2 - Did not address the poor sign conditions. Failed to comment on any of my photos. 3 although they comment a post was 10 meters away from my car, on the photo i sent of my drivers view, you can not see it as it blends into the tree trunk, and like i said i did not pass it. 4 - No comments to the points made about the essex act legal requirements
Please let me know your thoughts, thank you
Representation:
"I believe the penalty is unjust, and I kindly request a thorough review based on inadequate signage and a lack of proper notice.
Upon entering Marine Avenue from Ronald Hill Grove, I parked approximately a quarter into the road outside number 53. At this point, I had not passed any signs advising me of any parking restrictions. I walked back towards Ronald Hill Grove to Westleigh School without encountering any signage that would indicate parking restrictions. It was only upon returning to my car 30 minutes later that I discovered the PCN.
During my inspection of the road afterwards, I observed that the signs indicating parking restrictions began halfway down the road. Furthermore, several signs in the road were defaced and unreadable. Google street view shows these signs in the same defaced state two years ago, which demonstrates a consistent lack of upkeep and a failure to ensure the signs are clear. As per my understanding of the Essex Act, there were no signs upon entry to the road advising of any restrictions in place. I have attached photos as evidence to support these claims.
In accordance with the Essex Act 1987, I would like to draw your attention to the following points:
Section 6(6) states that a person who contravenes a notice displayed under this section shall be guilty of an offence.
The Act defines 'notice' for the purposes of 6(6) as a traffic sign (Section 5(5)).
Section 2 (Interpretation) defines a 'traffic sign' as having the meaning given by Section 64 of the Road Traffic Regulation Act.
The relevant authority (Secretary of State) has made regulations under the Traffic Signs Regulations and General Directions, 2016, under which the only traffic sign permitted to convey the prohibition in the Essex Act is a circular sign with a red border incorporating the black image of a vehicle on a white background.
The only sign in the vicinity of the location is shown in the enclosed photo. It does not meet the criteria of a 'Traffic Sign' as defined, and therefore, it is not a 'notice' as required. Consequently, the council has failed to sign the prohibition lawfully, and I believe the penalty charge should be revoked.
Photo appendix:
Photo 1 – Entrance to Marine Avenue that I used. This photo shows there are no signs to indicate any restrictions on grass verges.
Photo 2 – This photo shows another angle of the entrance to Marine Avenue, again there are no signs to indicate any restrictions on grass verges.
Photo 3 – This photo shows my view/driver's view going down the road where I parked on the right at the telegraph pole, again no visible signs to indicate any restrictions on grass verges.
Photo 4 & 5– This photo shows a signs further down the road that I did not pass. These signs has been completely defaced and is unreadable.
In light of the inadequate signage and the council's failure to comply with legal requirements, the penalty charge should be revoked"Photo of my drivers view:
https://i.postimg.cc/RCG1qCrx/Photo-3.jpgNotice of rejection 1:
