Free Traffic Legal Advice

Never seen that before - I'd say it needs a proper parking sign at the divider for permit holders. That little flap looks deficient and daft.

The boundary between the two bays is incorrectly marked. It should consist of double lines perpendicular to the kerb. This is because in TSRGD a bay is defined in Schedule 7 Part 4 Item 6 (Diagram 1028.4). So two bays with seperate restrictions, must have their own boundary, thus making a double perpendicular line mandatory.  Here, it is only a single line.

I was going to draft a representation but just realised that I can't submit a rep until a NtO turns up - I assume it's intentional that I can't do it during the reduced penalty period, forcing me to take a gamble.

No, you can submit an informal challenge at any time within the 28 days of the PCN payment period, indeed if you submit reps within the 14 day discount period, most councils re-offer the discount when rejecting those reps. These must be considered by the council. However, at Notice to Owner stage, things firm up, because under the law the owner is responsible for payment or representations and also for appealing to the adjudicators. Of course you don't have to do anything at all, and can just wait for the NtO, assuming you are the owner.

Ah, right. So the next stage if you don't take up their offer of the discount is to wait for the NtO and submit formal reps. There is no legal obligation on them to re-offer the discount when rejecting formal reps, but a lot do, because if they don't, it's then a total no-brainer for the appellant to take them to adjudication as the penalty remains the same, and there are no additional costs.

bump - any advice please?

PCN *******

On *** I parked my car as seen in the council's photos. I noticed and consulted the traffic sign immediately ahead of my car which, as regards the time at which I parked, conveyed that I was parked in a shared use bay. As I was not a 10R permit holder, I was restricted to a maximum of 2 hours' free parking. I returned to my car at ***, well before my permitted parking time had elapsed.

I found the PCN which alleged that at 16.41 I was parked in a 'Permit space'. I checked the sign again which confirmed that I was not so parked, in fact the free parking period extended until 8pm. At this time I also noticed that hanging on the column was a plaque which, as the photos show, comprises only three words, namely 'Permit Holders Only'. The council's response to my informal challenge states that this is a traffic sign which has been placed at the point where a restriction changes and is the basis upon which the council's claim rests.

It is a false basis and the PCN must be cancelled.

The Traffic Signs etc. Regulations state clearly the component parts of a single sign and the plaque fails to meet the most fundamental of these:

10.—(1) The sign must have a symbol of the size, colour and type shown in column 3 of the sign table in Part 4 for the description in question.
(my emphasis)

None the required symbols is included because the plaque contains only words whereas what is specified in this case is the letter 'P' on a blue background.

In addition, none of the other matters recommended in the Traffic Signs Manual has been adopted by the council- which they would have to explain to an adjudicator- for example arrows pointing in the directions in which the alternative restrictions apply.

As the words 'Permit Holders Only' without the required symbol do not constitute an approved traffic sign then any restriction contingent upon this being a specified sign cannot stand as the council would not have met their obligation under regulation 18 of 'The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996'.

I would also add that the contravention description used in the PCN is invalid. This states:

Parked in a permit space without displaying a valid permit.

However, as the authority know(because it's stated on the council's website - https://www.reading.gov.uk/vehicles-roads-and-transport/parking-permits/digital-parking-permits/ ) -

From 1 November [2024] if you already hold a valid paper resident permit, you will no longer need to display this in your vehicle.

It therefore follows that as parking in a permit space or zone without displaying a valid permit is no longer a requirement then non-display cannot be grounds for a penalty charge.

Some thoughts

Not all that surprising, NoR has turned up. I will be taking it to the tribunal, what should I know before going for it? Tips/advice much appreciated.

https://imgur.com/a/ORvix09