Author Topic: No.1 NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed - Dirleton Road  (Read 354 times)

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Hi,

So I had initially done 1 thread with all related PCN's but as it was getting chaotic I will posting as separate threads.

So this road has been permits only but since I believe before COVID some signs on the street have been sprayed. So of course everyone was parking in these bays to avoid getting tickets. However, back in September someone went and sprayed all the signs on this road which led to the council sticking warning tickets on cars saying the signs will be cleaned and you could get a ticket. I believe I got 1 warning ticket and after that I got a few PCN tickets because I was told the signs are sprayed so I can appeal it... So I appealed them all and eventually stopped parking there but now they have started to reply back to me and have rejected all my appeals ! They also cleaned all the signs this weekend 09/12.

I am hoping that I can appeal these again with help from everyone on here because I really do not want to have to pay the otherwise hefty charge !

So this is the road and I have highlighted Meeson Road too as these signs were also blacked out.
https://maps.app.goo.gl/wFhtGiPnBsGt2Y9W7

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-- The 1st PCN is PN36819479 to which I had appealed but don't have a copy of my reply but I basically said that the signs were sprayed making them void so you had better cancel this ticket.


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And this was their reply to my first appeal :

**
Thank you for your correspondence received on 09 October 2023 regarding the above penalty charge notice (PCN). Your comments and the notes of the Civil Enforcement Officer (CEO) have been considered.
Your vehicle was observed at 08:36 Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge in Dirleton Road.
You have stated that the signage was blacked out. The grounds for cancellation have not been established. it is not reasonable to ignore a sign simply because it is not in immaculate condition. On this occasion the photographic evidence indicates that this was not the case. The Council illustrates this restriction either by means of time plates which stand erect adjacent to the aforementioned permit bay(s) or by placing a Controlled Parking Zone (CPZ) entry plate at the entrance to the CPZ. The CEO photographic evidence shows sign at the entrance to the CPZ. Under the new TSRGD (Traffic Signs Regulations and General Directions 2017) (amended) bays are no longer required to be linked. An upright sign on the traverse line of the first bay is applicable to all bays UP TO 30 metres from where the sign is in both directions even if the bays are not linked. The contravention occurs when a vehicle waits / stops / parks in a residents’. The Council expects motorists to have a valid virtual permit or a valid virtual visitor’s permit, if they do not, they will receive a Penalty Charge Notice.
You have not satisfactorily demonstrated in your appeal that an exemption applies. The other points submitted in mitigation do not justify the cancellation of the PCN. There are control parking signs at the entry and exit points of the Controlled parking zone.
In conclusion, having taken all aspects of this matter into consideration, no justification for cancelling the penalty charge notice has been found.
**

So I didn't pay any of these tickets and have received the below NTO :






Also, the CEO always takes a picture of the CPZ sign which is on the main road where there is also permit only bays.

I hope I have given enough information but let me know if you need anything else.

Thanks !



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I recommend keeping this nice and simple.

Formal representations PN36819479

The contravention did not occur as it was not properly signed.

The PCN is invalid.
It should never have been issued.
It is an abuse of process.

The onus on the council is contained within Regulation 18 of Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996

18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—

(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;

(b)the maintenance of such signs for so long as the order remains in force

Please cancel the PCN.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.