Author Topic: Torfaen - Code 02 - Parking or Unloading in restricted street Market St Pontypool.  (Read 4052 times)

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They have its on my post 12 (and your post 4)- you have to click on it and then it opens up to show the sign

I would wait for the notice to owner - I can't see anything for them.

OP, are you the registered keeper with current DVLA details?  If so, then the NTO would come to you.

Let's deal with this first.

As regards the contravention, it's nonsense and we can take the eejits through this step by step

No It's my Daughters motability car and is driven by whichever carer is on shift.
I assume the NTO will come to my address though (after the NTO has gone to motability first) as the wife is the registered appointee on the contract.
hopefully Motability will not delay or add any of their own "admin charges" before they do send it to us.

As I understand it, DVLA will have the name of the person contracted to Motobility and the NTO would come direct.

Edit: The registered keeper of a Motability Scheme car is the Motability Scheme customer (the disabled person receiving the vehicle) or their appointed nominee, whose name appears on the V5C registration document. Although Motability owns the vehicle, the customer is recorded as the keeper and is responsible for parking fines and other notices. You can view a copy of the V5C through your online account on the Motability website.
« Last Edit: September 03, 2025, 02:19:28 pm by H C Andersen »

NtO received today see attached:


For convenience:


Dear Sir,

PCN ********

I refer to the above and the NTO issued on 1 October 2025.

The alleged contravention relates to a 'waiting' restriction which the council is obliged to convey to motorists. The normal manner is by the use of yellow lines, however, in limited and specified circumstances the council may omit these indicators. These are:

Restricted Parking Zones(RPZ) (as defined by Schedule 1 to the Traffic Signs Regulations and General Directions 2016 - the Traffic Signs regulations), and

Pedestrian and Pedestrian and Cycle Zones(PZ) (as defined by Schedule 1 to the Traffic Signs regulations).

In either case, the prescribed traffic signs include a symbol for 'No waiting', something with which the council is fully aware. As regards a RPZ, this symbol is mandatory and forms an integral part of the prescribed sign whereas with a PZ the inclusion is optional as the PZ sign itself is prescribed only for moving traffic restrictions.

Turning to the authority's evidence, this comprises several clear photos of my car waiting on a road without any yellow lines, indeed the authority does not argue the contrary in their letter dated **** which erroneously rejected my informal representations. The photos also include a clear PZ sign. However, as can be seen this does not carry the optional 'no waiting' symbol and therefore as a matter of legal interpretation does not convey a waiting restriction within the zone.

It was irresponsible of the authority to reject my previous representations based upon an incorrect use of the term Restricted Parking Zone which flew in the face of its own evidence. I sincerely hope that this error is not repeated in the response to these representations which may only be that the PCN is cancelled. Whether you wish to inform your colleagues within the traffic management section that the sign needs changing(to the form which GSV shows existed until as recently as October 2023 ) at this point or wait until an adjudicator allows an appeal, I leave to you.

In short, when the council changed the restriction from Pedestrian and Cycle zone to Pedestrian Zone i.e. to ban ridden cycles, it changed the sign but omitted to include the mandatory 'No waiting' restriction on the new PZ sign, therefore rendering enforcement of waiting restrictions unlawful.

...some thoughts

I Like your thoughts and have sent that reply.

Let's see how they reply.

Many thanks for this.



I have received the Notice of rejection of representations today.

What should be my next step please?

Thanks

The next step is to register an appeal with the tribunal. Opt for a telephone or online hearing.

They are still claiming it is a restricted parking zone. It just isn't. It is only signed as a pedestrian zone which can only be enforced as a moving traffic contravention. 

I think the reason they doubling down is in 2023 it was signed as a restricted zone. But now (or when you were there) it isn't.

« Last Edit: October 27, 2025, 06:49:51 pm by stamfordman »

If you register an appeal with the tribunal following their website instructions, it does not offer the option of telephone or online hearing?

I have completed all of the steps online; created an account, filled in the appeal, attached the photos and the only option at the end is to submit it? I haven't clicked the submit button yet.

Should I phone them instead and asked for the call or online hearing?

They do offer telephone/online hearings - maybe that option comes up after you've lodged the appeal.

I would call and ask.

https://www.trafficpenaltytribunal.gov.uk/contact-us/#contactoptions

https://www.trafficpenaltytribunal.gov.uk/what-to-expect-at-a-hearing/

Just register your appeal:

Contravention did not occur;
Procedural impropriety.


Just register your appeal:

Contravention did not occur;
Procedural impropriety.


So only put that (not a long description with pics) and then wait for them to contact me further?