Free Traffic Legal Advice

Parking Ticket for using suspended parking space

Friday 15th November - Gough Street in Birmingham.


Evening all.

On Friday the 15th of November, I received a parking ticket on Gough Street in Birmingham.

We got there late (7.30pm ish), paid for a ticket on the RingGo app (even though it was free, I just wanted to be reassured) and went into Birmingham. After getting back at 11ish, we had a parking ticket (literally moments before arriving as I confronted the attendant as he issued the ticket).

We'd parked literally next to the payment sign which is how I found out how much parking was and how long for (again, free until the next day). I asked the attendant how on earth I could have a ticket (and the other 3 cars behind me), he pointed at a cardboard sign about 2 cars down, facing down the road, saying that the spaces have been suspended due to construction (A closed site being as it was 7.30pm). Literally looked like one of those signs where I could sell my house quick if I rang the mobile number from the back.

How is it reasonable for 2 conflicting pieces of information, one clearly more official looking than the other, to both carry the same weight, especially when they're nowhere near each other? How would you not put that kind of information on the actual sign itself so things like this won't happen?

I've obviously appealed but the council in their infinite wisdom have said that the ticket was issued fairly. I had NO reason to go anywhere near the sign as crossing the road there would have meant either phasing through 2 cars like a ghost or crossing right next to the Bristol Road. I simply crossed where we parked

I'm definitely not the only one caught by this. I wondered if a) you are appealing too and b) do I have grounds to appeal at all?

Any help is greatly appreciated

Chris

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My car and others ticketed

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The sign I parked next to

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The sign down the road on a lamp post facing the A38



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They do seem to have perversely erected the sign on a pole for a one-way arrow, not the sign that gives the parking bay restrictions, so on the face of it, you have an excellent case. They have failed to sign correctly. Councils do this all the time, but as most people just cough-up the discount when they get the PCN, they just carry on in the same old way.

However, can you please post a GSV link to the exact location, so we can see how far apart the suspension sign is from the bay restrictions sign.

I'm really annoyed as the PCN itself has been misplaced but I'll post as soon as i find it. (We're currently in the process of moving)

The reply is as follows.

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Map Reference


We parked the equivalent of the blue car next to the sign and payment machine.

The temporary sign was behind the second car towards the A38

My appeal was a tidied up version of what I said above. I honestly thought common sense would prevail and I wouldn't be seeking advice otherwise I'd have come here first.




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Gosh that was a full Mandela Effect moment. I could have sworn there was a payment machine next to the sign. Didn't matter as I paid through the app anyway.

The layout is different to the map now as construction has gone into the road leaving only the 3 spaces pictured. Is the hoarding sign the little one right down by the A38 on the wall? Couldnt tell you tbh without going back.

It makes no sense to have the payment sign up clear as day but a weathered cardboard sign down the road negating it. Surely put the suspension notice over the payment board. You wouldn't put a temporary speed sign up in pen facing the wrong way so why is this different?

OP, some preliminaries:

Are you the registered keeper?

If not, then who is and what's your relationship with them(legal, not personal!);

If yes, the notify the council in writing of your future address(es) for correspondence otherwise the NTO might go missing because it will be sent to your registered address at the time of the contravention.

What does the sign state as regards the suspended area?(can't read it)

If you post your photos then pl clearly distinguish them from the council's.

Where are the council's photos?

At present, IMO the facts as far as relevant (and gleaned from your photos and a 2 year-old GSV) are that:

Gough St. is a one-way street;
Its entrance is marked with a pair of CPZ gateway signs;
On the right-hand side is a 24/7 red route restriction followed immediately by DYL and then a parking place which starts some 20m from the junction with Suffolk Street Queensway and extends for approx. a further 25m. It is internally divided into 8 separate parking spaces. This is followed by a SYL;

There is one traffic sign within the parking place which is set back to the rear of the footway by the building line opposite the junction of the second and third parking spaces;

The restriction within the parking place is given as Mon-Sat 8am-6pm which is at odds with the time given on the CPZ signs which is 'Every day 8am -7.30pm';

The council have also placed a 'One-Way' traffic sign on this side of the road which is situated approx. within the second parking space. This conveys a restriction of paybyphone for parking Mon-Sat 8am-6pm;

As regards the events on the day, these are straightforward:

The council had erected a suspension sign on the post which carries the 'One-Way' sign;
There was no suspension sign erected on the only traffic sign post;
The traffic sign conveys the restriction itself was uncovered;
I was parked immediately adjacent to the uncovered traffic sign which I consulted when I parked.

The council's case is that placing a single suspension sign on a post which had no bearing on the restriction within the parking place and not placing one on the only traffic sign which did bear upon the operation of the parking place met their obligations under LATOR and the traffic order which provides for the suspension of parking places. While acknowledging that the traffic sign itself was wholly visible and that there wasn't a suspension sign on that post to alert
motorists, the council claim that the one on the One Way post was adequate because it was so close.

My defence is that if the council were so strapped for cash that only a single suspension sign could be afforded, then the minimum they could do is to erect this on a relevant post under the traffic sign whose effect the sign amended;

I would add that this slip-shod approach to signs and signing is also indicated by the CPZ signs which carry wording which is not prescribed('Every day..' is not a permitted variation of time) and is at variance with the shorter daily and weekly restriction in the parking place which, for example, must lead on a Sunday to this side of the road having the following mix of restrictions within a length of 50m:

No stopping(Red line);
No waiting(DYL);
Free parking(the parking place);
No waiting(SYL);