0 Members and 7 Guests are viewing this topic.
What was your initial challenge? HC Andersen isn't around currently but I will try and help.
I thought the key here is that there is no yellow line that is mandatory for a waiting restriction.We've seen this in a number of Westminster locations but some adjudicators don't seem too bothered.
I appeal on the ground that the alleged contravention did not occur because the restrictions at the location were not adequately indicated as required by law. The penalty charge was issued on Rupert Street at the location designated by Westminster as G1-02. I contend that no lawful waiting restriction was clearly indicated, as there was no yellow line marking on the carriageway corresponding to the sign reportedly in place. You can refer to council's photographic evidence and the Google Street View capture.Under the Traffic Signs Regulations and General Directions (TSRGD) 2016, a waiting restriction is only enforceable where indicated by both upright signs and corresponding mandatory yellow line road markings. In the absence of a yellow line, a motorist cannot reasonably be assumed to be aware of a waiting restriction, as such markings are the standard, legally required indication of prohibition on parking or waiting. The key issue is that the location shows no yellow line yet Westminster claims a “restricted” status applies. The council’s photographic evidence does not demonstrate any yellow line, nor any clear, continuous demarcation that would satisfy statutory requirements. Without these markings, the purported restriction fails to comply with Schedule 7, Part 4 of TSRGD 2016, and therefore any contravention cannot be sustained. Even in cases where “loading prohibition” signage appears, it must be paired with correct carriageway markings. To rely solely on a sign, in the absence of road markings, constitutes a failure of clarity and fairness contrary to Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, which requires that restrictions be clearly conveyed to road users. Since no mandatory yellow line was present, the alleged restriction was not lawfully indicated, and the contravention therefore did not occur. I respectfully request the PCN to be cancelled.
