Free Traffic Legal Advice

Hi all,
I have been issued a ticket by "South Essex parking partnership". Near Broomfield hospital. The street has no yellow or white lines, no bays or signs where I parked. But I noticed that at the entrance of the street, there is a sign which says "Permit holders only beyond this point except marked bays". I didn't see that sign before I got the ticket. Do I have a defence.
The link below has the pictures of location and the PCN.

https://photos.app.goo.gl/RDVQDT34bXGWMF7a7

This is the image from GSV. But this isn't updated. The new sign is installed where the old one is covered in the black plastic sheet
https://maps.app.goo.gl/jsGU59Yr83dp8Zkm9

This is the picture of the PCN
https://photos.app.goo.gl/rNmy35UMEMrNief3A

I have taken pictures of the area.
Below is the link.
https://photos.app.goo.gl/9r2VYz64iTBYDzHn7
The street has two entrances and both have the sign which says Permit holders only except in bays. But there are no bays on the street or any yellow or white line. The only bays are In front of the flats, which have a separate sign of private land. I have attached the picture of the sign too.
Below is the link to a screenshot from Google maps, where I have marked where the entrance is and where are the bays. I have also attached a picture of the signs when we exit the street.

Here is the link to map's screenshot

https://photos.app.goo.gl/HM96zkBhXDV7ybcM6

Any help would be appreciated. I have only few days left to appeal

Here are the pictures of the PCN


[ Guests cannot view attachments ]

There are private parking signs in your photos which suggest the land is private and the council cannot enforce but lets see the council photos of where you parked

@Merc220 you have until 4 September to preserve the discount, but rather that going in blind it's best to know what evidence the council has. The Essex parking partnerships don't put the photos online, so you will need to contact them and ask them to email you the photos. In the meantime I will get hold of the traffic order.

Also if you could plot on a map where your car was and where the private parking sign was, that would be very helpful.

Map tiles:

https://store.traffweb.app/essex/documents/parkmap/msched/TL700%20112_rv1_1.pdf
https://store.traffweb.app/essex/documents/parkmap/msched/TL705%20112_rv1_1.pdf

The email and phone number to contact them is at https://www.parkingpartnership.org/south/

Also, can you please mark on the map where this sign is located?

https://photos.app.goo.gl/KQbBpsnVYrtUYa4c6

The traffic order is The Essex County Council (Chelmsford City) (Prohibition of Waiting, Loading and Stopping) and (On-Street Parking Places) (Civil Enforcement Area) Consolidation Order 2019 as varied by The Essex County Council (Chelmsford City) (Prohibition of Waiting, Loading and Stopping) and (On-Street Parking Places) (Civil Enforcement Area) (Amendment  No.15) Order 2022.

The location of the signage makes the contravention clear-cut, so at least that's out of the way. The fact that you might not have appreciated the meaning of the signs is obviously irrelevant, and they were quite close to your car so there's no obvious defence to the contravention.

The best argument I can see is around the wording of the PCN, which I would suggest is duplicitous, I would therefore suggest a representation as follows:


I will send you the links to be added to the representation by private message, do not click on the links.

The reason being that if by the time you get the rejection the click count is still zero, we can prove that they have failed to consider the representations.

@Merc220 the council photos confirm that the contravention itself is not open to dispute.

The cited cases are all based in London whereas this PCN relates to outside Greater London.

IMO, an argument around 'Setting Charges' and Annex B to the SoS's Stat Guidance can also be made now that the higher and lower level contraventions and use of suffixes are set in this guidance and not by the previous SI which has been repealed.

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#setting-charges

The guidance is issued to 'local authorities' (which also have 'civil parking enforcement powers') not parking partnerships. IMO, the local authority in whose area the contravention occurred has to have had regard to the guidance and similarly is the only body which may determine the exercise of discretion.