Free Traffic Legal Advice

Thanks HC Anderson and Stamford Man.  Have not yet sent so will expand / redraft and send.  Thanks a lot everyone.

Dear Wandsworth Council,

Re: Appeal for PCN WA

My appeal is focussed on the defaced signage of the signs where I parked.

I was visiting my elderly parents who live in Atkinson House and parked on Austin Road in front of Atkinson House and displayed the Housing parking permit provided to my parents for visitors to park. (See attached housing permit photograph).

As you can see from my attached photograph the pole (008) where I was parked the sign was defaced and not clearly visible.  I have also attached a copy of the adjoining pole (009) where the sign is also defaced.  I was therefore not aware that the housing permit could not be used where I had parked as both the signs on that side of Austin Road were defaced.

The evidence provided by Wandsworth Council traffic warden is that of a clear sign which is on another road round the corner of Austin Road (Astle Street) and not on Austin Road where I parked my car.  The pole photographed by the Traffic Warden is the pole on Astle street and is clearly numbered as 010.  If you zoom in on some of the evidence photographs provided by Wandsworth Council one can see the defaced signs in the distance.
 
The contravention therefore did not occur as the bay where the vehicle was parked was not properly signed. The signage in the bay I parked and the adjoining bay are defaced and has therefore makes it’s provisions illegible.  It is not clear or complaint and therefore in these circumstances no contravention occurred.

The onus is on the Council to ensure the sign is not defaced this is contained within regulation 18 of the ‘The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 –
Which states:
18.— (1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—
(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
(b)the maintenance of such signs for so long as the order remains in force; and
(c)in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.

In conclusion, The contravention did not occur.  The PCN is therefore invalid and should not have been issued due to the defaced signage.

Please cancel the PCN.

Thanks this is what I have drafted, do you think its alright?  Thanks.

OP, look at the reverse of the permit and you should see its usage terms and conditions.

On the subject of signs, look at the authority's photo evidence. You'll see a traffic sign which is clear..

..but GSV shows it's clearly not yours or even the next one, but the next.

Why, I wonder?

Can your relatives take photos of these signs pl.

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@ H C Anderson - yes, The authority's evidence photo - is taken from ( Astle street).  I think because the sign where I parked was defaced the traffic warden never put a picture of the defaced sign, he went to the other end of road (Astle street) and took a picture of that sign which was nowhere near my car.  This was why I was hoping there was someway to appeal it.  Will have to visit on the weekend and take more photos of signs myself.

My thinking is that the parking ticket should correspond to the traffic sign that indicates the parking restriction.  As the sign is defaced/not clear - Could I not appeal on the basis that the sign is not in accordance with the Traffic Regulation Order and so the PCN is invalid? Also the authority's evidence of the sign is from (Astle Street), while the road stated on my PCN is Austin Road. The traffic warden intentionally did not take a photograph of the sign near my car as it was defaced.

@ Incandescent - Can I ask please- does the parking permit specifically have to have the exact code displayed on the Parking sign.

The Housing permit (Photograph I posted) Just says battersea Park....does there have to be a code on the Housing  parking permit as you mentioned?

Thanks.

 

Yes, all the roads around have estates. 

Thanks for your reply.  Here is a snap of the Housing permit.




The traffic warden also has it in his photographic evidence on the Wandsworth Council PCN website.

I now understand that I should not have parked there.  But what i'm trying to ascertain is whether I can challenge the PCN given that the signage was defaced ?  Meaning is the PCN that wandsworth issued valid as the signage was defaced? 

Hi,

Many thanks cp8759 and Hippocrates ( for drafting) - London borough of hammersmith and Fulham cancelled the PCN.

Have attached a copy of the letter, after a whole explanation, there is one line saying they have cancelled it!

https://imgur.com/a/gznS8WN

Appreciate all your help.  Thanks once again.