Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ssellar10 on June 29, 2023, 09:17:51 am
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thank you.
I'd already emailed yesterday before seeing the reply on the other group but will confirm when I hear back
Send an additional representation, and as a general rule don't do anything without getting advice from us first.
If you can't make representations again via the website, you might have to send them a letter in the post.
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Draft reps:
Dear Manchester City Council,
I contest liability for PCN MC25146793 because the alleged contravention did not occur.
In City of Bradford Metropolitan District Council v Obaid [2001] EWHC 536 (Admin) the High Court held that:
"to wait" means to remain in the same place for a period of time which is other than purely nominal.
I pulled into the parking bay to read the sign, I was only stationary for a matter of seconds, and the CEO's photos confirm I was in the car with my brake lights on, my vehicle was therefore stationary for a period of time that was purely nominal.
While the council purports to enforce a no stopping restriction at this location, to convey a no-stopping restriction the Traffic Signs Regulations 2016 prescribe the use of Diagram 1028.6 which incorporates a broad 200 mm yellow line, and the Traffic Signs Manual confirms at 13.23.4. that:
13.23.4. Where vehicles are prohibited from stopping in a taxi rank, the symbol shown in S4‑3‑2 should be used on the upright sign. The road marking is the yellow bay to diagram 1028.5 (S7‑4‑7, see Figure 13-66) which includes a broad continuous yellow line similar to denote “no stopping”.
This was upheld by the Traffic Penalty Tribunal in Darren Armitage v Lancashire County Council (LQ00155-2208, 02 September 2022), where adjudicator Gillian Ekins held that:
11. Overall, on the available evidence, I found that the Council had failed to mark this no stopping except taxis prohibition in accordance with Diagram 1028.5. This was because there was no broad 200mm yellow line along the edge of the carriageway. The kerb edging they relied upon in lieu of the broad yellow line and also the bay marking with contrasting material were not established as permitted variants.
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14. Accordingly, I allowed the appeal and confirmed there was no penalty payable by Mr Armitage.
While each case is decided on its own merits, the merits here appear to be exactly the same and it follows that due to the missing broad yellow line, the council cannot enforce a no-stopping contravention at this location.
Yours faithfully,
Send representations online via the council website, It's best to put the representations in a PDF and attach them in order to keep the formatting shown above. Also attach a copy of this PDF: https://bit.ly/3wQNnxx
Don't forget to keep a screenshot of the confirmation screen, and please let us know when you get a reply.
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I was hoping to get some advice.
I've attached my PCN, photos from the council website and google images.
I received a PCN in the post "stopped on a taxi rank"
It says the CEO had begun to prepare the PCN but the vehicle was driven away.
I didn't even notice that the photos had been taken. I'd pulled forward out of the parking space (behind the taxi rank) and was trying to turn around. In both photos I've obviously moved so I wasn't stationary.
I didn't stop or exit the car, the engine was on the whole time and I was the only person in the car. My brake light is on in the photo and you can see me behind the steering wheel.
I actually didn't even notice it was a taxi rank and what I wanted to ask is if I can appeal because I don't believe the signage is in accordance with the traffic signs manual.
There is no continuous yellow sign (I believe this is required if there is no stopping?)
and the sign does not face oncoming traffic. It faces directly out and can only be read if you stop directly in front of it.
Figure 13‑66 Diagram 1028.5 (S7‑4‑7) Taxi rank marking where stopping by other vehicles is prohibited
(Note: the legend may be varied to indicate a bay reserved for ambulances or police vehicles)
Upright
signs that indicate a prohibition of stopping normally face oncoming traffic as it is an offence
to stop to read the sign; a private vehicle is not permitted to stop for any purpose (except in an
emergency or where exempted in the order), even to pick up and set down passengers. Upright
signs, therefore, would normally need to be seen from a moving vehicle. However, as the broad
continuous yellow line that forms part of the taxi rank marking to diagrams 1028.5 and 1028.6
is intended to indicate that stopping is prohibited, it is not essential that the upright sign faces
oncoming traffic,
Thanks very much for any advice.
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