Free Traffic Legal Advice

NTO received. Is it helpful to post it here before considering next steps?

Thanks in advance

Thanks John!

Ok all should be showing below.

PCN ******, Stocksfield Estate

I refer to the above and hereby make formal representations that the contravention did not occur.

I acknowledge the following:
That the markings at the location are clear and that to a minor degree part of my car was parked other than wholly within these markings;

That within the row of parking places the council have erected a 'traffic sign' indicating that parking is restricted to specified permit holders at certain times;

I hold the required permit.

That the contravention and penalty relate only to an 'off-street' contravention.

Other than for the 'traffic sign', there is no information conveyed at or near or at the entrance to the area.

I have also established that:

The authority's traffic order creates restrictions at this location which falls within the 'Stocksfield Estate Off Street Housing Land Areas'.

'Traffic signs' have effect on roads alone and have no effect as regards off-street locations.

From the above it is clear that the authority may not impose penalties in off-street locations on the basis of the regulatory meaning of the 'traffic sign', but must instead convey any restrictions and sanctions using alternative means. The council is or should be well aware of this and therefore I won't belabour the legal precedents. If parking officers are in doubt then I recommend they seek advice from the council's legal officers.

If the authority rejects these representations then they must do so with legal argument and, sorry to say, not received wisdom and anecdote.

This is a great help, thank you tincomb for putting together response and Stanfordman for the extra sprinkles! I'll put together a response using both.

Well, i'm torn whether to take further as I want to fight them, but never done it personally before. MrMustard represented me last time and won.
I'll challenge this now and expect a refusal then take it from there.

Here's an example of the email:

I refer to the above Penalty Charge Notice and hereby make formal representations that the alleged contravention did not occur.

I acknowledge the following:
That the bay markings at the location are clear and that, to a minor degree, part of my vehicle was parked other than wholly within those markings;

That within the row of parking places the Council has erected a traffic sign indicating that parking is restricted to specified permit holders at certain times; and

That I hold the required permit.

It is also acknowledged that the alleged contravention and penalty relate solely to an off‑street contravention. Other than the aforementioned traffic sign, there is no information conveyed at or near the bay, nor at the entrance to the estate, that would provide adequate notice of any restriction or penalty enforcement.

I have established that the relevant traffic order creates restrictions within the “Stocksfield Estate Off‑Street Housing Land Areas.” Traffic signs, however, have effect on roads only and carry no regulatory meaning in off‑street locations.

Accordingly, the authority may not impose penalties in an off‑street area on the basis of the meaning of a “traffic sign,” but must instead convey any restrictions or sanctions by alternative means expressly authorised for such land. The Council is, or should be, fully aware of this legal position. If further clarification is required, parking officers should seek advice from the Council’s legal department.

Furthermore, it is unclear what traffic management purpose is served by enforcing this alleged contravention in an end‑of‑row bay occupied by a resident who clearly holds the correct permit.

If the authority rejects these representations, I request that such a decision be accompanied by detailed legal reasoning rather than general assertions or received opinion.


Sound ok?
Thanks again!

Response from council rejecting my appeal and are pushing back on the off-street parking signage arguement

"With regard to your comments concerning the legal status of signage and enforcement in off-street locations, I can confirm that the restrictions at this site are properly authorised under the relevant Traffic Regulation Order and are enforceable as set out within that Order. The signage on site is placed to give effect to those conditions and is sufficient to convey the restrictions to motorists using the area."

Left with two options, reduced payment £55 or take to Tribunals.
What are your thoughts of tribunal success comrades?

Images OK for me.

Frankly, whilst the contravention is really trivial, the fact is you are not fully in the bay, and if you take them to London Tribunals you may well not win on the trivial aspect, because adjudicators can only take matters of law into consideration. You have to risk the full PCN penalty if you take them there.

To be expected however, your reps give you a template for any appeal.

Their reference to 'traffic signs' is total nonsense.

The sign is prescribed under Schedule 4 of these regs:

SCHEDULE 4
Upright signs that control waiting, loading and parking along a road

Road, road, road. They do NOT convey anything off-street unless this is brought to motorists' attention while parking on the land.

IMO, appeal.

While waiting, pl post your permit.