Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jibber87 on February 04, 2025, 10:17:47 am
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Sorry for the delay, this is the best I can find. It's probably standard signage, but in my view it is deficient - there is no font size distinction vs a standard parking restrictions sign, even though it has to be read from a moving vehicle. The font size is notably smaller than the speed limit sign. I guess if the sign is legally compliant then the tribunal will be reluctant to adjudicate against the council? Is it another authority that has responsibility for defining what constitutes a legal road sign?
Thanks
https://maps.app.goo.gl/JLRNcRH47vNzuTss5
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Please give us a GSV link to the sign you would have passed on your way to park.
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Hi all,
I received a ticket on Saturday 18 January 2025 for parking in a shared use bay without a ticket. The signs on Siward Road indicated additional controls on event days, but did not specify the nature of the events nor the days upon which they occur.
I challenged the PCN, and received the below response:
Penalty Charge Notice Number: WA91673866
Vehicle Registration:
Date of Contravention: 18/01/2025 at 13:11
Location of Contravention: SIWARD ROAD, SW17 (L2)
I refer to your enquiry received on 18/01/2025 regarding the above Penalty Charge Notice
(PCN).
This PCN was issued because your vehicle was parked in a shared use parking place
without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay
and display ticket issued for that place where required, or without payment of the parking
charge. The restrictions at this location operate on event days between 4:30pm to 8:30pm
Monday to Friday and 1pm to 8.30 pm Saturdays, Sundays and Bank Holidays. You can view
the photographs online at http://www.wandsworth.gov.uk/pcnonline
I have noted your comments that you were unaware that there was an event on when you
parked. Whilst restrictions are normally not in force on weekends, I must explain that a new
9,300-capacity football stadium for AFC Wimbledon, together with some 633 new residential
dwellings and commercial spaces, has been constructed at Plough Lane, in Merton. Whilst
most football matches are being played on Saturdays or weekday evenings, some will be on
Sundays or public holidays. There is also the likelihood that the stadium, which includes
conference and banqueting facilities, is used for other events which could require similar
traffic management arrangements. Event Day only restrictions operate in zones G1, L2 and
parts of E1.
These effectively extend the zone controls Monday to Sunday (including bank holidays) but
will operate on event days only. On the day in question a match was taking place. For the
purpose of information, 16 Event Day (EVD) restriction signs are erected prior to each match,
across all entry points into the event zone showing the date of the match. The locations for
these signs can be found on the Council’s website via the following link,
www.wandsworth.gov.uk/parking/parking-zones/afc-wimbledon-stadium-event-dayrestrictions.
The EVD zone entry sign is mounted under the existing regulatory zone entry
sign. It would not be practicable to add event signage to all of the hundreds of signs within
the event area on each occasion.
In this instance, my records confirm that AFC Wimbledon were playing at home on
18/01/2025, therefore the event day restrictions were in force.
I would like to clarify that Civil Enforcement Officers (CEOs) are required to observe shared
use bays for 5 minutes before issuing a PCN. This is to determine if the driver is returning
with valid parking rights. On arrival the driver is expected to exit the vehicle with cash/card or
phone in hand, verify the signage, and purchase and display the appropriate parking rights.
On this occasion the CEO observed the vehicle between 1.01pm to 1.11pm during which
time no parking rights were acquired.
As you were parked in a shared use bay means of parking rights included a pay and display
ticket, a permit for the controlled parking zone or cashless parking. If these are not acquired
beforehand, the vehicle will be seen parked in contravention and will therefore incur a PCN.
When parking it is the motorists’ responsibility to practice due diligence and display the
correct parking rights before leaving the vehicle unattended.
Given the above, I am satisfied that the PCN was correctly issued and regrettably, you have
not established sufficient grounds for cancellation of this penalty charge. As your enquiry was
received within the discount period the amount of £55.00, will be accepted if payment is
received within 14 days of the date of this letter.
To make a credit or debit card payment please call our 24 hour automated payment line
on 0800 021 7763 or pay online by visiting www.wandsworth.gov.uk/pcnonline.
Alternatively, your cheque or postal order should be made payable to “Wandsworth Borough
Council”, clearly identified with the Notice number written on the reverse side and sent to:
Wandsworth Borough Council (Parking), PO Box 521, Twickenham, TW1 9PJ.
If payment is not received as detailed, I shall assume that you wish to pursue the matter and
shall arrange for a Notice to Owner to be sent to the registered keeper of the vehicle so that
formal representations may be made. Should these be rejected, the registered keeper of the
vehicle will then be afforded the opportunity to appeal to the Parking Adjudicator.
I should point out that, should you decide to take this course of action, on the expiry of the
discount period you will forfeit the right to pay the Penalty Charge at the lower rate and the
full charge of £110.00 will be due.
If you are not the registered keeper of the vehicle e.g. the vehicle is a company or lease/hire
vehicle, or being used with the owner’s consent, I suggest you advise the keeper that a
Notice to Owner (NTO) will be issued.
The options are therefore to pay the PCN or follow the statutory process to submit a formal
representation as explained above. Any further information or evidence for the Council's
consideration should only be included as part of the formal representation made by the
registered keeper. Any additional communication received prior to the issue of the NTO will
be filed for information purposes only without a response, although it may be considered if
formal representations are received.
This concludes the Council’s dealings in this matter at this stage.
A couple of points to note:
- I am not a resident of Wandsworth, nor a football fan (and not of a relatively unknown team playing in the fourth division of English football).
- I did not see the signs upon entry to the event restriction zone. I have looked on google maps and they are small - the same size as a parking sign. It makes sense that a driver would look at these signs when parking, possibly while stopped or outside of their car. It doesn't make sense that a driver would, amidst all of the other information - speed limits, vulnerable road users, pedestrians, roundabout entry etc. - focus their attention on a small font parking restriction sign. I'd be interested to know how the font size compares to the minimum legal eyesight standard for drivers, and how that translates into the window of time a driver would have to read the sign whilst travelling at 20mph. I will submit a FOI request to Wandsworth on some of these points.
- Wandsworth's website has a link to Wimbledon's fixture list. This link was (and remains) broken.
Considering taking this all the way, it's a small additional outlay (£55) and may provide clarity on the council's obligations to take reasonable steps to inform drivers of when event day restrictions are in force.
Thanks,
Ed