Greetings! It has taken me so long to find you guys!
Please HELP!!
I am at the stage of notice of appeal to the Environment & Traffic Adjudicators. The council has rejected my appeals (as expected) as they believe the signage somehow makes sense.
I parked at 16:30 in a bay to pick up some heavy load from a shop nearby. The entire street and side streets had suspended bay signs.
The timing states - START: WEDNESDAY 14 AUGUST 2024 14:00 END: WEDNESDAY 14 AUGUST 2024 00:00
Now, I believe I have parked 1630h after the END time which is the start of the day of 14/08.
https://drive.google.com/drive/folders/1DOHu-N68Wj57bY6loa8sIfSmnWUpB2E8?usp=drive_link (https://drive.google.com/drive/folders/1DOHu-N68Wj57bY6loa8sIfSmnWUpB2E8?usp=drive_link)
This is what I had written to the council:
I am writing to formally contest the Penalty Charge Notice (PCN)/ Notice to Owner referenced above, which was issued to my vehicle for allegedly being "parked wholly or partly in a suspended bay or space." I believe this PCN was issued incorrectly and would like to outline the reasons for my appeal.
1. Timing of the Suspension
The notice of suspension indicated that the bay was suspended between the following times:
• Start Time: 14:00, Wednesday, 14th August
• End Time: 00:00, Wednesday, 14th August
My vehicle was parked at 16:30 on Wednesday, 14th August, which is clearly not within the suspended time window and is in fact 1630hrs after the end time of the suspension. There appears to be a significant discrepancy or ambiguity regarding the exact duration of the suspension. The end time of 00:00 on the same day is highly unusual, as it typically implies the very beginning of the day rather than a time following the start time.
2. Lack of Clarity in Signage
According to Transport for London (TfL) regulations on the clarity of signage (which apply to all London boroughs, including Redbridge Council), parking restrictions and suspensions must be clearly communicated to drivers. This includes providing unambiguous information about the exact times during which the restrictions apply.
In this case, the signage was confusing and did not clearly indicate whether the suspension was supposed to end at 00:00 on the 14th of August (i.e., at the start of the day) or if it was meant to end at 00:00 on the 15th of August (i.e., at the end of the day). The lack of clear information on the signage violates the TfL's guidelines on clarity and transparency in parking restrictions.
The Traffic Signs Regulations and General Directions (TSRGD) 2016 the primary legal document governing the design and use of road signs in the UK. It specifies the requirements for all types of traffic signs, including those indicating time-based restrictions. It states that signs must clearly display the times during which restrictions apply. For example, if a parking bay is suspended between specific hours, the sign must unambiguously indicate the start and end times.
In the third chapter of The Traffic Signs manual, the manual emphasizes that signs should be specific and avoid vague terms. For example, using "00:00" can be confusing, as it might not be clear whether it refers to the start or the end of a day. Instead, "23:59" or "00:01" might be used to avoid ambiguity.
3. Expectation of Reasonable Notice
The DfT provides additional guidance on parking enforcement, including the clarity required for signs that indicate parking restrictions. It states that Local authorities must give drivers adequate notice of any parking restrictions, including temporary suspensions. This notice must be clear and leave no room for ambiguity.
The ambiguous signage, in this case, did not provide sufficient clarity for me to understand that my vehicle would be in violation if parked at 16:30. The reasonable interpretation of the sign would suggest that the suspension either ended at the start of the day (00:00 on the 14th) or would extend through the end of the day (potentially until 00:00 on the 15th).
4. Request for Cancellation
Given the confusion surrounding the exact timing of the suspension and the failure of the signage to clearly communicate the applicable restrictions, I respectfully request that this Notice to Owner/PCN be cancelled. I have acted in good faith and within the reasonable interpretation of the signage provided.
Please consider this appeal carefully, and I look forward to your positive response.