Author Topic: Wanstead, Redbridge PCN issued for car parked on a section of the road with no obvious parking restrictions  (Read 15485 times)

0 Members and 34 Guests are viewing this topic.

The twisted entry sign as per the other appeal and then lack of anything obvious you were in a PPA - looks like an unrestricted street - are about it in my view.

Plus of course the council is misleading itself and you hope not the adjudicator in insisting it is a CPZ, which is an entirely different thing as all kerbsides in a CPZ  are lines or bays.
Like Like x 1 View List

Thank you very much for your input,

Assuming I know nothing about the best way to fight this is the safest assumption and I’m really appreciative of knowing where I’ve made mistakes.

I have referred to the restrictions as PPA in my previous appeals (informal and formal). I had assumed CPZ was a more generic term for restrictions, rather than the council getting this completely wrong.

Having reviewed the link you shared, I can see that this distinction is quite clear.

I am happy to adjust my argument to account for this mistake and include a new draft lower down the page.
Your help is really appreciated.

Here are the photos that are provided by the council on the Redbridge site:







Redraft:

I am appealing on the grounds that the contravention did not occur due to defective entry signage on the Permit Parking Area (PPA).

On the date of the alleged contravention, I entered Wellington Road turning left from the High Street. A map of the location is provided in image 1.

The PPA entry sign on the left-hand side of the carriageway was rotated approximately 90 degrees, meaning it was not visible. Photographic evidence of this sign in its rotated condition is provided in image 2.

I parked on an unmarked section of Wellington Road about 150 metres from the junction with the high street shown in image 3 and the CEO photos.

As a result, I contend that the contravention did not occur.

I appealed to the council, citing these facts and a previous adjudication for this specific entry point and signage defect. In case 2250151042 (Adjudicator Philippa Alderson, 23 May 2025), an appeal was allowed for a vehicle parked on Wellington Road in materially identical circumstances.

The adjudicator found the left-hand entry sign rotated approximately 90 degrees and not sufficiently visible to drivers entering the road. Having considered the council's photographic evidence, they found the right-hand sign alone insufficient to indicate the restriction. Adjudicator Alderson found in case 225015104 that a driver who missed the entry sign may reasonably conclude, in the absence of road markings, that the street is unrestricted. The full decision is provided at document 1.

The council has rejected this appeal, however their Notice of Rejection of Representation incorrectly identifies the zone as a Controlled Parking Zone (CPZ) instead of a Permit Parking Area (PPA). The council's Civil Enforcement Officer photographs do not include a photograph of the entry sign as it appeared at the time of the contravention.

The CEO photos show my car parked on an unmarked length of road. The sign shown in the CEO evidence is a zone repeater on a lamppost within the road, which is not clearly visible in the wider photographs of the vehicle. A repeater sign cannot substitute for a defective mandatory entry sign on a PPA. The council has not evidenced that the mandatory entry sign was compliant on the day.

Thoughts on this proposed appeal - regardless of how extensive the changes required - are very welcome.

My preferred approach is to re-order your points.

On the day in question I parked on an unmarked length of highway as can be seen in the council's evidence photos.

Then you did not pass any sign which indicated that you were within an area where parking was restricted, your route.

That the mandatory signs were not clearly visible is supported by your CEO's photos. That these fail to show the necessary sign is not an oversight, it is because photos would have shown that they were not clearly visible. This situation is not unknown to the council as can be seen in the following adjudication decision regarding the same facts which applied only a few months ago.


 







Thanks very much,

A couple of things I wasn’t sure about:
Did you mean with or without the additional photos and references to them that I included previously? I don’t feel entirely comfortable leaving out those photos (which show the defective sign, in particular), but I have no relevant experience of these cases. I have left in for now.

Where you say “did not pass any sign which indicated”, I’m a bit worried that this wording could be argued because it turns out I did pass signs, I just wasn’t aware of passing those signs as they were not clearly visible. I have opted for: “I did not pass any signs which clearly indicated that I was within an area where parking was restricted.”

The sections that have not been explicitly referenced, I have left in.

Redraft:

I am appealing on the grounds that the contravention did not occur due to defective entry signage on the Permit Parking Area (PPA).

On the date of the alleged contravention, I parked on an unmarked section of Wellington Road (shown in image 1 and the CEO photos) about 150 metres from the junction with the high street.

I did not pass any sign which clearly indicated that I was within an area where parking was restricted.

I entered Wellington Road turning left from the High Street. A map of the location is provided in image 2.

That the mandatory signs were not clearly visible is supported by your CEO's photos. That these fail to show the necessary sign is not an oversight, it is because photos would have shown that they were not clearly visible.

The PPA entry sign on the left-hand side of the carriageway was rotated approximately 90 degrees, meaning it was not visible. Photographic evidence of this sign in its rotated condition is provided in image 3.

This situation is not unknown to the council as can be seen in the following adjudication decision regarding the same facts which applied around a year ago.
In case 2250151042 (Adjudicator Philippa Alderson, 23 May 2025), an appeal was allowed for a vehicle parked on Wellington Road in materially identical circumstances.

The adjudicator found the left-hand entry sign rotated approximately 90 degrees and not sufficiently visible to drivers entering the road. Having considered the council's photographic evidence, they found the right-hand sign alone insufficient to indicate the restriction. Adjudicator Alderson found in case 225015104 that a driver who missed the entry sign may reasonably conclude, in the absence of road markings, that the street is unrestricted. The full decision is provided in document 1.

As a result, I contend that the contravention did not occur.

I appealed to the council, citing these facts and the previous adjudication for this specific entry point and signage defect.

The council has rejected this appeal, however their Notice of Rejection of Representation incorrectly identifies the zone as a Controlled Parking Zone (CPZ) instead of a Permit Parking Area (PPA). The council's Civil Enforcement Officer photographs do not include a photograph of the entry sign as it appeared at the time of the contravention. The council’s response is included in document 2.

The CEO photos show my car parked on an unmarked length of road. The sign shown in the CEO evidence is a zone repeater on a lamppost within the road, which is not clearly visible in the wider photographs of the vehicle. A repeater sign cannot substitute for a defective mandatory entry sign on a PPA. The council has not evidenced that the mandatory entry sign was compliant on the day.

Further thoughts and feedback extremely welcome.

I would just make a few bullet points for the adjudicator as you've already set out the story in your reps.

1. I was puzzled to receive the PCN as I parked in what looks like an unrestricted street with no parking signs.

2. The council relies on entry signs to a zone but the key sign on my approach was twisted as also found in adjudicated case xxxxx and in my picture.

3. The council insists in its notice of rejection that this is a controlled parking zone, which would have all kerbsides marked as bays or yellow lines. It is not such a zone - it is a permit parking area and the council is misleading itself in enforcing the PCN - but not me and I hope not the adjudicator!

4. I draw the adjudicator's attention to guidance in the Traffic Signs Manual on permit parking areas:

Not all roads will be suitable for this type of signing. A cul‑de‑sac or a small network of roads with little or no through traffic would be the most appropriate. Otherwise the lack of road markings might tempt drivers unfamiliar with the area to park.

I contend this large area has breached the guidance.

« Last Edit: April 03, 2026, 03:32:05 pm by stamfordman »

Thanks very much for your responses,
A few questions:
Under point 4, I have added where the council mistakenly suggests this case differs from case 225015104 because of a sign on the right-hand side and under point 5 I have added what appears to be an additional mistake by the council relating to whether adjudicators rulings are binding.
Is there any reason I should not include these?

You mention not needing to restate my reps, will all of what I have submitted so far to the council be provided to the adjudicator or do I need to include any of that information?
If it will be included, will I be sent this before the adjudication to check everything is there? Will I have an opportunity to include things that have been missed? Or should I include all the evidence I wish to refer to in my tribunal submission?

Are there any other changes you would suggest before submitting to the tribunal website?

Redraft:
I am appealing on the grounds that the contravention did not occur due to defective entry signage for the Permit Parking Area (PPA).

1. I was puzzled to receive the PCN as I had parked in what looks like an unrestricted section of road with no parking signs on Wellington Road (shown in image 1 and the CEO photos). This is about 150 metres from the junction with the high street (map shown in image 2).

2. The council relies on entry signs to this zone at the junction with the high street but the key sign on my approach was twisted as also found in adjudicated case 225015104 and in image 3.

3. In its notice of rejection, the council misidentifies the area as a controlled parking zone (CPZ), which would have all kerbsides marked as bays or yellow lines. This is not such a zone - it is a permit parking area, and the council has mischaracterised it as a CPZ.

4. The council’s notice of rejection also mistakenly suggests that there is a difference between this case and adjudicated case 225015104 due to the presence of a sign on the right-hand side of the road in this case. The adjudication of case 225015104 explicitly addresses the existence of a sign on the right-hand side, stating that the right-hand sign is insufficient, “I am not satisfied that this right-hand sign alone is sufficient to indicate the restriction to drivers entering the road”.
The differentiation the council seeks to make is not accurate. The key elements of the cases are identical.

5. Additionally in its notice of rejection, the council states that “adjudicator decisions are not binding”, whilst the Environment and Traffic Adjudicators “Your right to appeal” document which was also enclosed with the notice of rejection states under the “Appeal Procedure” section that “The adjudicator’s decision is binding in law”.
The council is incorrect in several key facts when enforcing the PCN – these have not misled me, and I hope they do not mislead the adjudicator!

6. I draw the adjudicator's attention to guidance in the Traffic Signs Manual on permit parking areas and map of the area in question (image 4):

Not all roads will be suitable for this type of signing. A cul de sac or a small network of roads with little or no through traffic would be the most appropriate. Otherwise the lack of road markings might tempt drivers unfamiliar with the area to park.


I contend this large area has breached the guidance.

Evidence I would attach if needed:
Image 1:


Image 2:


Image 3:


Image 4:


Document 1:
Case: 2250151042 from tribunal website

Document 2 (will convert to single pdf for submission):
Council's rejection letter
« Last Edit: April 04, 2026, 11:55:26 am by Chr1s100 »

I've submitted to tribunal website in order to meet deadline. Excluded section about legally binding adjudicator decision as I didn't feel I knew enough to include that.

Thanks very much for your help regarding this.

Adjudicator decisions are not legally binding, in fact one adjudicator some years ago changed his mind from a previous decision of his, and found against the appellant who had quoted his own decision in his representations !

Outcome. Again fortunate to get Mr Teper, who is more diligent than most IMO.

-------


Case reference   2260226534
Appellant   xxxxxxxx
Authority   London Borough of Redbridge
VRM   LA08COJ
PCN Details
PCN   AF12449018
Contravention date   02 Jan 2026
Contravention time   13:14:00
Contravention location   WELLINGTON ROAD
Penalty amount   N/A
Contravention   Parked in permit space without a valid permit
Referral date   -
Decision Date   18 May 2026
Adjudicator   Carl Teper
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice and the Notice to Owner.

Reasons   
The Appellant has attended his appeal.

The Authority's case is that the Appellant’s vehicle was parked in a permit space or zone without clearly displaying a valid permit when in Wellington Road on 2 January 2026 at 13.14.

The Appellant’s case is that the signage was not clearly visible, in fact the sign plate on the left hand side of the road was twisted away and only the back could be seen. Further, that where he had parked it appeared to him to be unrestricted. He has submitted photographic evidence in support of his case, which I considered.

I have considered case number 2250151042, which was decided by Adjudicator Alderson. I have read and considered that decision and I find that it relates to the same contravention at the same location and the same circumstances. I have adopted that decision as if it was my own and I have copied the relevant parts below.

"The Appellant contends that the signage at the entrance to Wellington Road was not readily visible as it had been turned sideway at the relevant time. ...The CEO’s photographs show the vehicle parked and unattended on an unmarked section of carriageway on Wellington Road. The CEO has also provided a photograph of the signage relied upon. However, the proximity of the signage to the vehicle cannot be determined from the CEO's photographic evidence and the sign is not readily obvious in any of the photographs of the vehicle itself. One of the additional photographs provided by the Council denotes, by way of yellow arrow, relevant signage in relation to the vehicle, but such signage is on the opposite side of the road and it would be reasonable of a driver not to see/pay attention to such signage. The Appellant has provided photographic evidence of relevant signage at the entrance to Wellington Road from the High Street. These photographs show this sign, on the left of the carriageway, to be turned through some 90 degrees, to the extent that I find it not to be sufficiently visible to drivers entering the road. Whilst the Council's photographic evidence shows there to be another similar sign on the right of the carriageway, I am not satisfied that this right hand sign alone is sufficient to indicate the restriction to drivers entering the road. Once a driver has missed the entry point sign, that driver may conclude, in the absence of road markings, that the street is unrestricted."

Accordingly this appeal is allowed on the same basis as case 2250151042 decided by Adjudicator .

Wow, you're very efficient — I came to confirm my appeal was successful but you've beaten me to it. Big thank you for the advice. 🙂

One thing worth adding: I received post before the tribunal stating that Redbridge's submission was enclosed, and the envelope was empty. At the tribunal they produced photographs from various places around Wanstead and additional written submissions, none of which I'd seen in advance.

Having been through the process, the single biggest lesson is to be extremely to the point at every stage. The adjudicator has not seen much in advance and there isn't much time for them to get their head around things — wading through evidence in the session itself gets confusing fast. I would hammer that point to anyone in the same position.

On a related note, the adjudicator was fair, but there's very little incentive for the council not to be dishonest and underhanded. I spent pretty much all my free time for three months on this ridiculous PCN, and the outcome is simply that I don't pay. The council faces no repercussions for knowingly forcing me down this route, and will keep doing it.

So the other point I'd make to anyone appealing: this process won't vindicate you. Your submissions should focus purely on fighting the fine, not on achieving a just outcome — that's not what the tribunal is for. I was writing my appeals to try and get something done about unfair enforcement, but the tribunal isn't the venue for that, and writing as if it is just dilutes the case you actually need to win.
Winner Winner x 1 View List

Indeed, this is why we urge online/telephone hearings so all the points can be put to the adjudicator, and also because hearing from you in person can establish credibility (but bear in mind adjudicators are wise to common made-up excuses such as the car breaking down).

Some adjudicators go further and will spot issues with the evidence you don't highlight.

I disagree about not getting a just outcome - we win a lot of appeals on knowing parking law.

But a lot of cases are subjective and turn on facts - in your case whether the twisted sign created unclear signing of what is a large PPA. However, the underlying principle is a requirement to sign restrictions clearly. 


That's not a comment about the support provided but about the law and the framework.

In terms of what I mean by just, I do not feel the outcome is proportionate to the impact caused or the behaviour of the council because there is:

no compensation for the time lost or the mental impact which was caused because of the council's "frivolous, vexatious and wholly unreasonable" approach - they have been aware of the inadequate signage for over a year and still forced me all the way to tribunal.

no requirement on the council to rectify the issue (and they will inevitably still generate income from some people).

no incentive for the council to change their behaviour.

no apology.

For me, those 4 things would all be required, in addition to the cancellation, in order for the outcome to be just.

You can apply for costs. We won costs against Medway the other day but they behaved very badly - the bar is high for a successful costs application.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/medway-code-01-restricted-street-canterbury-st-gillingham-cpz-signage-a-shambles

How to:

How much will it cost to appeal? There are no fees or charges involved in submitting an appeal to the tribunal. The appeals procedure is designed to be free to the appellant so as not to discourage...
London Tribunals · londontribunals.gov.uk

I looked into this but I was so worried that I might not win that I focussed on that rather than the costs. Also the financial costs were negligible really, it was the time and the stress which were the real toll.