Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: aquaman on January 28, 2025, 08:10:01 pm
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Because most people just pay....
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All,
Many thanks for your help on this. Redbridge cancelled the ticket. This makes me question why the council are making more and more roads restricted during school hours if they know these signs are unjust?
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All, please read my appeal below and let me know if its ok? if you could kindly reply by today I would be very grateful as I am very near the 14 day grace period. Should I also make reference to the Regulations?
kind regards
Shaun
Dear Redbridge
Ref: PCN – AF30401931 VRM EK19VYC
I make this formal representation:
The contravention did not occur as the sign referring to term time is proscribed. As per school parking restrictions, how is a driver expected to know the times of any term time in advance?
Furthermore, please refer to a recent case Papjinder Gahir v Redbridge council dated 12 Jul 2024 where the Contravention was Fail comply restriction vehicles entering ped zone. The appeal was allowed based on the following:
5. In the Notice of Rejection, the Authority did not address the Appellant's
comment that the term dates were not stated on the sign. In the Case
Summary, the Authority states that it has used both prescribed signage and
"colourful on-street information signs". The Authority has not provided any
authorisation from the Department for Transport for use of the term.
6. On the evidence before me, I find that the term time plate is not a
prescribed sign. The wording used is ambiguous as a motorists will not
always know when term time begins and ends, and this type of signage is
discouraged. A motorist should be able to understand the signage and
comply with it, by the signage alone.
7. In the circumstances, I find that the Appellant reasonably believed that
the restriction was not in place and complied with the sign on the
information available to him. The contravention has not been proved. This
appeal is therefore allowed.
I attach the details of this appeal that was allowed for your reference.
Please cancel the PCN therefore.
Yours
Reg. keeper
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https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedestrian-zone/msg38266/#msg38266
Dear Redbridge
Ref: PCN VRM
I make this formal representation:
The contravention did not occur as the sign referring to term time is proscribed. As per school parking restrictions, how is a driver expected to know the times of any term time in advance?
Please cancel the PCN therefore.
Yours
Reg. keeper
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Also see this link for other cases won on this issue:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedestrian-zone/msg38593/#msg38593
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Please could you kindly help me draft a challenge based on the term times not being present? i am very grateful for your help and support on this
kind regards
Shaun
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I won the last appeal for a member on this and cited other cases.
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Appeals have already been won on the "Term Time Only" sign. This is because there are no term time dates on it. Essentially, the council have failed in their duty under LATOR Regulation 18, to erect adequate signage of a restriction.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
Of course the council don't want the fag of having to update these signs, but councils maintaining zones with special parking restrictions for events (such as football matches), have to update their signs with dates, so it's not an impossible burden.
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There term time sign has been found wanting.
Over 1 minute is probably too much for triviality.
Turning left into these may mean signs not clear - I'll check tribunal.
(https://i.imgur.com/qwXGqzD.gif)
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Hi all,
my wife accidentally entered into Douglas road in goodmayes which has restricted school hours and was therefore sent a PCN ticket. She was not aware this road had recently becoming restricted during school hours and was literally just 2 mins shy of the allowed entry time of 4pm. Could anyone kindly advise if there are any grounds for appeal? Times are hard and id rather spend the money on my young kids then pay this ludicrous fine.
many thanks
Shaun
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