Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: albert_neinstein on January 25, 2025, 03:39:56 pm
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Forget the Highway Code - as I said this is an off-street car park subject to a different type of traffic order.*
Here the question is whether the terms of using the car park and the signage are adequately communicated to enforce the alleged contravention.
*Order:
https://tro.trafficpenaltytribunal.gov.uk/TRO/Surrey%20Heath/SHBC-Off-Street-Parking-Order-2018.pdf
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On the reverse of the sign which I parked in front of is this:
(https://i.imgur.com/9IiHYhV.jpeg)
1) On reverse of sign I parked in front of - no chance to see this from direction of travel
2) Ambiguous / non-standard sign - I can't see this sign in the highway code.
'End' is confusing: End of parking zone? End of restricted parking zone? - ie beyond this sign, is the parking zone
As I said, the fine is only £35, it's more the principal.
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I’ll go check tomorrow- probably ‘no parking’ or something like that knowing my luck
Wouldn’t have seen that sign driving to where I parked - that’s a one way road.
Bit like a no entry sign - only visible after you’ve entered
I know that’s not how it works - hugely infuriating though!
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The legislation you cite - TSRGD 2016 - is on-street and not relevant to this off-street car park.
I'd be surprised if they allow parking that churns up verges - aren't there signed parking bay areas in those zones?
Also, what does the sign say on the opposite side of the zone sign you relied on?
But I think the code 81 restricted area may be the wrong contravention as how can you tell what is restricted.
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Parked for 'Park Run' - starts at 9am. Ticket issued 9:11.
Clearly someone waiting to pounce - hence my desire to contest.
I parked where I believed the parking area to be. I am within the 'ambience' of the sign.
There are no arrows on this sign to suggest parking is only permitted in front of the sign (other signs in the park DO have arrows - hence my confusion)
There are no marked areas where to park
Ticket says "parked in a restricted area in a car park" - there are no signs, or yellow lines to suggest this is a restricted area.
This suggests to me that it's the wrong contravention?
This might be relevant:
Schedule 12
Diagram 2308.1
"5. The direction in which the arrow points may be varied and where the arrow points ahead and there is a single line of legend, the arrow shown by diagram B at item 1 of the table in Part 24 of this Schedule must be used;"
... there is no arrow!
https://www.legislation.gov.uk/uksi/2016/362/schedule/12/made
Images:
PCN
(https://i.imgur.com/rlkj7HG.jpeg)
Parking rules sign at front of park
"PARK WITHIN THE SIGNED PARKING AREAS AT ALL TIMES"
(https://i.imgur.com/C7fXKOz.jpeg)
Where I was parked - in front of the sign
No arrows on sign to suggest 'parking beyond this point'
No markings / signs to suggest "restricted area"
(https://i.imgur.com/g3KDaLn.jpeg)
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Other signs at other locations in the park have arrows to clearly show where parking is and is not permitted.
Note, I was NOT parked in these locations: I'm just showing they do know how to put arrows on signs - just chose not to on the signed area I parked!
(https://i.imgur.com/RIn6bfL.jpeg)
(https://i.imgur.com/ZZEyTrY.jpeg)
(https://i.imgur.com/SaNWNJh.jpeg)
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