Should I include the new photo of the missing signage to support? and maybe resend covered one - maybe the council don't know about the missing sign as they don't seem to be maintaining other signs very well on this streetYes you should send the photos, but not for the reasons you think: the council don't care about your photos, it's unlikely they'll actually look at them. The reason for including them is that at the tribunal stage, you can make the point to the adjudicator that you provided the photos and the council is just being obtuse.
But there are some who would think: you parked; you failed to make any attempt to look for an applicable traffic sign; it's your fault.As far as I can work out, there are three applicable signs for the bay where he parked, one was missing (pending the photo I asked for), one was obscured by vegetation, and one was far away and out of sight.
A motorist who parks and gets out of his car is required to look for signs that are visible, he is not required to walk out of sight of his car (after all a CEO might come along and issue a PCN) nor is he required to look behind leaves, branches, bushes and so on.
If none of the signs were visible, the contravention did not occur. The fact that the motorist might have incorrectly relied on an irrelevant sign on the other side of the road would not alter that.
Can you go back and get us a picture showing this angle? https://maps.app.goo.gl/iQTY7Cgc8XR3Vx5n8
If you can, that would make the case open and shut.
But there are some who would think: you parked; you failed to make any attempt to look for an applicable traffic sign; it's your fault.As far as I can work out, there are three applicable signs for the bay where he parked, one was missing (pending the photo I asked for), one was obscured by vegetation, and one was far away and out of sight.
You can see a small unpainted part of the pole where the sign should be. Obviously the pole was painted after the sign was put up so they missed a bit.Wasn't this sign https://maps.app.goo.gl/mMnZsKXjGkSeG4HY8 just behind where you parked? Is it still there?
No, it must have been removed. Here's a pic of the post taken from my car at the time. You can see the black post to the left as I enter the road
Wasn't this sign https://maps.app.goo.gl/mMnZsKXjGkSeG4HY8 just behind where you parked? Is it still there?
Bugger I don't have that. Or pretty sure I don't. It was destroyed by my toddler. I'll check if I took pictures of it, but will this hold me back significantly?It's not essential but it would be handy if we could see it.
Please post up both sides of the original PCN, the one they attached to the car.
The PCN is sat at £195 at the moment, keep an eye on https://walthamocm.itsvc.co.uk/PCN/ and as soon as it goes up to £204, you can download form TE9 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf), fill it in (remember the applicant is the council, not you) and tick the box to say you never got the NTO, then email it to tec@justice.gov.uk with the PCN number in the subject line.
When the amount due on the council website drops back down to £130, it means the Notice to Owner has been reissued. Let us know when this happens (you'll need to check once every 10 days or so after you've emailed TEC) and we'll help with a representation.
Any questions please ask.
The PCN is sat at £195 at the moment, keep an eye on https://walthamocm.itsvc.co.uk/PCN/ and as soon as it goes up to £204, you can download form TE9 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf), fill it in (remember the applicant is the council, not you) and tick the box to say you never got the NTO, then email it to tec@justice.gov.uk with the PCN number in the subject line.
When the amount due on the council website drops back down to £130, it means the Notice to Owner has been reissued. Let us know when this happens (you'll need to check once every 10 days or so after you've emailed TEC) and we'll help with a representation.
Any questions please ask.