Free Traffic Legal Advice

CEO pic of sign:



There are two signs like this in that bay - the P sign does look washed out in both.

https://www.google.com/maps/@51.5042889,-0.5887904,3a,20.8y,277.82h,88.24t/data=!3m6!1e1!3m4!1sMH0EWfcrfP-QxnXETfCpNw!2e0!7i16384!8i8192?coh=205409&entry=ttu

I remember when I was at school, (and it was a long time ago now), one of the masters said, in relation to the exam paper, "always read the question fully before starting to answer".  That principle applies to parking bay signs too.

ON the aspect of the fading of the sign, it is all still readable, so no mileage there.  The PCN looks OK too.  I have to say there doesn't look much for him to submit representations on, but wait a bit to see what the others say. We normally recommend submitting informal reps against a PCN because councils can make a boo-boo of their reply and give grounds for an appeal. They have to obey the law same as him.

We sent this

Quote

I reject that a contravention occurred. Under the traffic signs regulations and general directions 2016 legislation, a sign for indicating a parking place (a “parking place sign”) must be square and of the size, colour and type shown in the upper part of the diagram above the sign table in this Part (see attached).

You can see in the pictures taken by the CEO that the parking signs are heavily faded and do not comply with the reference legislation and as such cannot be enforced, hence there were no parking restrictions.

Given this is the first occurrence and the issues presented above, I urge you to cancel the PCN on this occasion.

The attached is this: https://www.legislation.gov.uk/uksi/2016/362/schedule/5/made

They replied:

Quote

Thank you for your correspondence in regards to the above mentioned Penalty Charge Notice (PCN). I have carefully considered the points you have raised in your challenge. Unfortunately on this occasion your challenge has been rejected. The above vehicle was parked in a permit space or zone without a valid virtual permit or without clearly displaying a valid physical permit where required . 

I note the points that you have stated in your challenge letter, please be advised that these does not exempt the vehicle from the restriction. The bay your vehicle was parked in is only available for pay and display use between 9am and 5pm,  Monday – Saturday, outside of these hours the bay is reserved for permit holders only. This is clearly displayed on the restriction sign and the pay and display machine does state “outside of chargeable hours this is a resident’s only bay”. 

The Authority has assessed this case, has considered the points you have raised, and on this occasion finds no mitigating circumstances to cancel this PCN and is satisfied that the PCN was correctly issued to you. 

The Authority has extended the period for you to make a discounted payment. The payment of £35.00 will need to be received within 14 days of the date of this letter, by the 02/09/2024.  After this date the full Penalty of £70.00 will be due. I would also advise that the extended discount period will not be offered at a later date.

I'm not sure this can go further.

So am I
Of course the PCN recipient has the right in law to take the matter all the way to adjudication. The full PCN penalty will be payable if the case is lost.