Free Traffic Legal Advice

Fair enough, that's good advice, it did take me on a wild goose chase so I'm glad I found this forum.

Yes I am the registered keeper and my address is up to date, so I shall post back here once I get the NTO, thanks again!

Thank you both, here is a draft response I intend to send when I do receive the NTO, any suggestions for improvement welcome

**FORMAL REPRESENTATIONS AGAINST NOTICE TO OWNER**

**Penalty Charge Notice:** AO10765530
**Vehicle Registration:** YP13HNF

I make these formal representations on the ground that **the alleged contravention did not occur**. In the alternative, I submit that the Council failed to properly consider my informal representations.

### 1. The restriction was not adequately signed

When I parked my vehicle, there was no upright traffic sign indicating that the bay was reserved for car club vehicles.

The only marking present was the carriageway legend "CAR CLUB ONLY". The upright sign that would ordinarily identify the bay had been removed, leaving only an empty sign socket/post at the location.

I specifically raised the absence of signage in my informal challenge. In response, the Council did not state that an upright sign was present, nor did it produce any photograph of such a sign. Instead, it merely stated that there were road markings explaining that the bay was for people with a car club permit.

The issue is not whether road markings existed. The issue is whether the restriction was **adequately conveyed** to a reasonably diligent motorist. In the circumstances of this case, where the upright sign had been removed, I do not believe that the restriction was adequately indicated.

### 2. Failure to properly consider my representations

My informal challenge clearly stated that there was **no signage around the parking space** indicating it was a permit bay and that the Council's own photographs did not show any such sign.

The Council's rejection did not address this point. It did not state that an upright sign existed, identify where it was located, or explain why its absence was immaterial. Instead, it issued what appears to be a generic response referring only to the carriageway markings and the requirement to display a permit.

This does not demonstrate that the Council genuinely considered the substance of my representations.

### 3. Request for evidence

If the Council maintains that the contravention occurred, I require it to provide:

* photographs clearly showing the upright traffic sign serving the bay on the date of the alleged contravention;
* the CEO's complete contemporaneous notes;
* the complete photographic record taken by the CEO;
* confirmation of when the upright sign was last inspected;
* any maintenance or defect records relating to the missing sign; and
* a plan identifying the location of the sign relied upon by the Council.

If no upright sign was present on the date of the alleged contravention, I ask the Council to explain why it considers the restriction to have been adequately conveyed despite the removal of the sign.

### Conclusion

For the reasons set out above, I respectfully request that the Notice to Owner and the Penalty Charge Notice be cancelled.

Should the Council reject these representations, I request that it addresses each of the points raised individually and provides the evidence requested so that I may properly consider an appeal to the independent adjudicator.

thanks so much for getting back to me @tincombe much appreciated
That's good to hear, so I guess I should just wait for the NTO to arrive and take it from there?
I will post a draft response here in a bit if you don't mind for feedback, thanks again