Free Traffic Legal Advice

Dear All - I'm a newbie on here - and only found this website due to the fact that I've managed to get a PCN for exactly the same reason as the OP on this thread - and I notice that their tribunal was lost just a few months ago.

The only salient difference in my case is that I am not a blue badge holder.

The OP's original photos are still valid and relevant - nothing has changed other than I parked there and got a PCN - I am only at the stage of the PCN being on my windscreen when I returned from a short walk away from my car.

I have lived locally for many years - and prior to Covid, this particular space used to be a short term free parking space during the day - limited to 30 mins parking (from memory) - after a certain time (630pm I think) it became free parking for no limit until the next morning. And it was marked with the standard white dotted lines around the spaces.

So fast forward to a recent Friday night. I was looking for a parking space - came across this free bay - no road markings to suggest it was loading bay or disabled (I am used to these words being painted on the road) - so I parked up  - and went about my business - I returned around 20 mins later to find to my astonishment said PCN - code 45, parking on taxi rank. I was stupified - and was looking around for road markings to show this - especially as I believed that the town's taxi rank was around 300 metres away - around a couple of corners. That's when I saw the upright sign on the pavement. So, yes, just like the OP I did not check this before parking - but having read the advice given on the OP's thread - I would adhere to the belief that there should be some sort of "warning" to show that the shared space is "prohibited" at certain points - instead it seems the road markings are set out at the "no prohibition" level - and it is done to the driver to look out for signs without being warned to do so.

Anyway - I did a bit of Googling and found similar "guidance" on signs to the previous advice -

https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf

I assume the above is "up to date" - and the bit that seemed to be relevant to my case is:

"13.18 Parking and loading bays with prohibition of waiting and loading at
certain times
13.18.1.  Where a parking or loading bay does not operate continuously, and there is a
prohibition of waiting at certain times (e.g. during peak hours), a multi‑panel sign (see
Figure 13-51 and Figure 13-52) should be used. This generally comprises either two or three
panels depending on whether there is a prohibition of loading. The upper panel is yellow and
gives details of the waiting restrictions. It is based on the sign described in 13.4.8. The centre
panel, if any, will include details of the loading prohibition as described in 13.4.12. The lower
panel gives details of the parking or loading conditions. It may indicate limited waiting, permit
parking, an electric vehicle recharging point, disabled badge holder parking, pay and display
parking, voucher parking, a loading bay, shared‑use parking or disc zone parking. It has the
same design as one of the signs described previously in this section and therefore may include
a multi‑panel shared‑use bay. Examples of parking place signs that also indicate waiting
and loading prohibitions are shown in Figure 13-51. The time periods for parking and for the
prohibition of waiting should not overlap.
13.18.2.  The sign should be used with a parking bay appropriate to the lower panel, together
with a single yellow line running through the bay to indicate the prohibition of waiting and, if
appropriate, single kerb marks to indicate a prohibition of loading. Where the single yellow
line continues beyond the bay, and the upright signs indicate different waiting restrictions, a
transverse mark referred to in 13.4.4 is not required. The end of the bay is sufficient to indicate
a change in the restrictions. Examples of upright signs and road markings are shown in
Figure 13-52."

So 13.18.2 states the sign "should be used with parking bay.......single yellow line....etc"

So - does "should" constitute "must"?

Clearly the previous tribunal seemed to rule that the yellow line was not "required" - so based on that can I form an argument to win an appeal?

Having read the previous thread above, I guess that user @cp8759 is someone useful on these forums.

I don't know the protocols of "alerting" that user to my thread - I might try to PM if I don't get any responses within the next few days.

Happy to get the help of anyone on this forum though - and most grateful.

@steamingbanana I've split this topic out because we don't hijack other people's threads no matter how similar a case might be.

You need to add all the information John U.K. has listed above.

When I parked up I left my car and walked forward – i.e. I did not walk past or even see the sign.

You parked on what GSV shows is a clearly marked bay, yet did not go to look for, and read, the sign for the bay, why ?

I think you're right, so the OP has a valid appeal argument, but I suspect will only see this tested at adjudication.

Please follow the instructions in the Read this First sticky (link in Reply#1)

The absence of a single yellow line is in your favour, as by its absence you were not prompted to go and look at the sign for the restriction.

Surely that signage doesn’t state it’s a taxi rank but a no waiting restriction after 6pm to 8am so an 01 not a 45 contravention would be appropriate and only with an accompanying yellow line.
If the main taxi rank is close by this space could be used as a feeder to main rank but once again not marked correctly as a taxi rank or even without yellow line an 01 contravention could not be enforced unless a restricted parking zone.

looks like the road markings have changed since latest GSV and what appears to be a SYL added but signage is the same.
in 2029 signs were different and taxi bay was on other side of road.