Free Traffic Legal Advice

My car was observed parked in a claimed loading area in the following location:

https://maps.app.goo.gl/qPA1GLq6TURALf9g7

My appeal is based around improper signage and the fact that the area is not a ‘loading bay’, as the road markings do not match those in the Highway Code. A loading area should be defined by a white pecked line with the associated legend ‘LOADING ONLY’, as stated on the Highway Code website:

“Lengths of road reserved for vehicles loading and unloading are indicated by a white ‘bay’ marking with the words ‘Loading Only’ and a sign with the white on blue ‘trolley’ symbol.”

As can be clearly observed on Street View, the area where my car was parked features a white zone marked with the word ‘Loading’. However, there is no corresponding road marking in the Highway Code that validates this area. There are ‘Loading only’ signs nearby, but I believe these areas are invalid unless they correspond to a clearly defined loading area.

I am not very familiar with Plymouth; however, I have observed that other loading areas within the city consistently display the wording ‘LOADING ONLY’. Having two different representations for an area is unclear and causes confusion.

Although I don’t work in highways, I do work in an industry where symbology must represent the agreed standard; otherwise, it’s void and meaningless.
Given this, it’s my view that the car wasn’t parked in a loading area, as the road markings are improper and ambiguous for such an area.

I have already made an informal appeal with the council that was rejected as expected, stating that the signs and road markings are correct and in line with regulations, which they’re clearly not when compared to the highway code.

Do I have a valid claim, and is it worthwhile to pursue a formal appeal? Can councils deviate from the Highway Code?

The road markings that are associated with the road sign are wrong. It should look like the attached image taken from the highway code to be valid i.e, a white pecked line with the associated wording 'LOADING ONLY'

Thank you for contacting us.
Plymouth Highways
Plymouth City Council
PO Box 352
Sheffield
S98 1YE
T: 01752 546220
www.plymouth.gov.uk
The Penalty Charge Notice (PCN) was issued to you because your vehicle was observed
stopped in a loading area with no sign of loading/unloading during prescribed hours.
I have investigated the circumstances raised in your correspondence and have made the
decision to not cancel your notice. The reasons for my decision are set out below, along with
the options available to you at this stage.
I understand from your correspondence that you believe the signs and road markings did not
adequately communicate the parking restriction in place, where your vehicle was parked.
You have questioned the validity of the signs and road markings at Bretonside. As such I have
checked these and can confirm that they are correct and in line with the regulations. 
Please see the photographs recorded against your PCN. Below I include some information on
how you can access the evidence from your case online. If you would like to view the evidence
we have in relation to this notice, then please logon to: plymouth.gov.uk/parkingandbuslanefines
and follow links to pay/appeal your PCN. When prompted, enter your PCN number and
vehicle registration details, the available evidence can then be accessed using the ‘View
Evidence’ button towards the bottom of the screen.

+1.

OP, you're wrong as regards the wording. The regulations(and it's these which count) provide:

1.—(1) ”DOCTOR” may be omitted.

(2) “DOCTOR” may be varied to: “BUSES”, “CAR CLUB”, “CYCLE HIRE”, “DISABLED”, “ELECTRIC VEHICLES”, “ELECTRIC VEHS”, “ELECTRIC MOTORCYCLES”, “ELECTRIC M/CYCLES”, “ELECTRIC M/Cs”, “LOADING”, “LARGE OR SLOW VEHICLES”, “PERMIT HOLDERS”, “SOLO MOTORCYCLES”, “SOLO M/CYCLES”, “SOLO M/CS”.

(3) “ONLY” may be added after “DOCTOR” (or after a word or phrase used pursuant to sub-paragraph (2)).

The above refer to Item 6 in the Part 4 Sign Table here: https://www.legislation.gov.uk/uksi/2016/362/schedule/7

Hi all, thanks for your replies and clearing up my query.

Looking at the legislation, it appears 'ONLY' is optional (although I can't recall seeing another without it), so my argument is invalid, not their road markings. I could also argue their placement of the text 'LOADING' doesn't meet legislation, but I guess that will be deemed trivial too.

I'll get the driver to pay up.