Author Topic: Trafford, code 02, parked in restricted street, Victoria Place, Stretford  (Read 33 times)

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I parked on the evening of 06/03/2026 at 21:53 in what I believed to be a recessed area off the carriageway of Victoria Place, Stretford, directly in front of a gated and bollarded entrance to an unoccupied office development. A valid disabled blue badge was displayed.

I received a PCN for code 02 - parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force.

I challenged at every stage:

Informal challenge - rejected with boilerplate response
Formal representations following NTO - rejected, again without addressing substantive arguments
Traffic Penalty Tribunal appeal - dismissed
Review application - refused

My photo showing the vehicle parked in the recess:



The council's own enforcement photograph showing the yellow lines curving and stopping short of the parking position:



Current Google Street View dated August 2025 showing the lines ending at the corner, the no loading sign obscured by vegetation, and another vehicle parked in the same location:



The adjudicator's decision contains what I consider to be material errors:

The decision states the double yellow lines extend into the recess. They partially do, but stop well short of the actual parking position. The area in front of the bollards where the vehicle was parked has no yellow markings.
The decision states I argued that other vehicles parking without penalty indicated parking was permitted. I never made this argument. The actual argument was that multiple vehicles parking there demonstrated the location was not reasonably understood to be restricted - a point about adequacy of signage.
The decision fails entirely to address several substantive grounds including the council's own use of the word "can" in their rejection letter (conceding some recessed areas are not restricted), the no loading sign being obscured by vegetation, and the absence of any obstruction as the road was closed to traffic at both ends.

The case is now at the post-adjudicator stage. No Charge Certificate has yet been received. I am considering my options including whether a witness statement at the Order for Recovery stage is viable on the ground that representations were made that were not considered.

I can provide all documentation including PCN, NTO, council rejection letters, tribunal appeal, adjudicator's decision, and photographs.

Thank you in advance for any assistance you are able to provide.

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You've come to the absolute end of the enforcement process. Pity you didn't come on this forum months ago when we could have helped with your representations. The only place you can go now is Judicial Review, and this costs real money, like into 4 figures and beyond. There is nothing we can offer you on this forum at the stage you have reached.

How does a judge review the lawfulness of a decision or action made by a public body
Courts and Tribunals Judiciary · judiciary.uk


My advice is to pay the PCN now before you get a Charge Certificate, and put this down as a learning opportunity

+1, crossed with this:

IMO, you are wrong on every count as far as I can see.

1. Signs present
Double yellow which convey no waiting 24/7; double kerb blips which convey no loading 24/7. Neither the lines nor kerb blips needs an upright plate but these may be sited(often as legacies of pre-regulatory changes).

2. Scope of restrictions
At right angles to the lines. Therefore substantial parts of both cars in your photo are in contravention.

3. Options should you be served with an OfR

Witness Statement
Where an Order for Recovery has been made, liability for the penalty can then only be challenged in the following circumstances:

You did not receive the postal Penalty Charge Notice or Notice to Owner in question; THIS IS NOT AVAILABLE TO YOU(you were deemed to have received and acted as if you had received the NTO otherwise you couldn't/wouldn't have made representations), or

You made representations about the Penalty Charge Notice to the enforcement authority concerned but did not receive a Notice of Rejection from that authority; THIS IS NOT AVAILABLE TO YOU(you made unsuccessful representations), or

You appealed to the adjudicator against the rejection by the enforcement authority of your representations but had no response to the appeal; or
You had paid the penalty charge in full
. THIS IS NOT AVAILABLE TO YOU(you appealed, were heard, rejected and sought a review).

If, and only if, one of these applies, you may make a witness statement.


A d even if you did make a false statement in a WS(on ground 3) this would only get you back to the adjudicator who would certainly refuse to register the matter as an appeal and issue you with Directions to pay whatever sum was outstanding.

IMO, your only legal options are either to apply for a second review or seek leave to have the adjudicator's decision Judicially Reviewed(£££££££££).

I don't see how it's right that they fail to address most of my points and even reject an argument that I didn't even make! It doesn't feel like the adjudictor even read my appeal. No one is ever going to convince me that the markings and signage were adequate, when the markings stop part way round a bend and are clearly historical when that recess was not a recess but an actual road that is now gated off and I'm not even parked on the road causing any obstruction at all. But I a now acting like a dog with a bone that refuses to give up! Because it just feels wrong on every level.

Any reason you didn't come on this forum when preparing your original representations ?

It's possible we could have found something to go on but that ship has sailed.

I note tactile paving for a crossing there by the way. 

It's £70. You should pay it now.

IMO,

The decision states the double yellow lines extend into the recess. They partially do, but stop well short of the actual parking position.

The DYL extend enough into the recess that your car was in contravention for reasons I set out earlier.


The area in front of the bollards where the vehicle was parked has no yellow markings.

None are needed because they operate perpendicular to the markings.


The decision states I argued that other vehicles parking without penalty indicated parking was permitted. I never made this argument. The actual argument was that multiple vehicles parking there demonstrated the location was not reasonably understood to be restricted - a point about adequacy of signage.

What other motorists do and whether they were penalised are immaterial to an adjudicator's consideration. This is less a point about 'adequacy of signage' than a lack of knowledge among motorists NB. knowledge which are presumed to have by virtue of holding a driving licence.

Nothing you have posted gets anywhere near a defence, let alone a reason for continuing to dispute the adjudicator's decision - as you've posted it NB. we haven't seen the decision and reasons.