Author Topic: PCN on single yellow line - Kingston Upon Thames council  (Read 998 times)

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Re: PCN on single yellow line - Kingston Upon Thames council
« Reply #15 on: »
@Redeye it's 100% worth carrying on, you basically can't lose.

The reasons for this will become clear if you read these cases:

Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2230464748, 15 February 2024)
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2230487415, 23 February 2024)
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2230545861, 26 February 2024)
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2240138955, 18 May 2024)

This point should not be raised prior to the tribunal, I would wait for the notice to owner and then challenge it based on the signage issues. At the tribunal the signage issue can still be pursued, but the issues around the council website should render the appeal unanswerable.

There is a fair chance of getting a costs order against the council.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: PCN on single yellow line - Kingston Upon Thames council
« Reply #16 on: »
Can't lose?

OP, despite facing towards the B283, you turned in from there because the road behind you is closed and therefore you couldn't access from this direction.

There is a traffic sign within your vicinity - on the balance of probabilities, GSV shows this (the Dry Riser does rather pin-point its location) which you were obliged to discover and comply with. It's not hidden.

You say the CEO referred to a 'controlled zone', but you're unable to produce independent evidence in support. It is wholly permissible to have stand-alone waiting restrictions within a CPZ, although in this case there isn't evidence that there is a CPZ.

You imply that you spoke to the CEO after the PCN was issued, if so what difference would their comment make to you because you were already in contravention.

I cannot see how the quoted cases, which refer to moving traffic contraventions and therefore different legislation, bear upon your case. CEOs are not David Baileys, if because of the relative positions of the car and sign it's not possible to capture in the same shot other than possibly side-on and therefore unreadable, this would not IMO invalidate the PCN.

But they'll be other views.
« Last Edit: May 23, 2024, 09:18:07 pm by H C Andersen »

Re: PCN on single yellow line - Kingston Upon Thames council
« Reply #17 on: »
I cannot see how the quoted cases, which refer to moving traffic contraventions and therefore different legislation, bear upon your case.
Because the council website has the same problem when it comes to parking contraventions, and the list of adjudicators who agree is extensive: Teresa Brennan, Andrew Harman, Philippa Alderson, Henry Greenslade, Jack Walsh, Gerald Styles. You'd have to be exceptionally unlucky to find a colleague of their who thinks they're all wrong.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order