Free Traffic Legal Advice

https://1drv.ms/f/s!AtIKTU4fSYCcgZwSbpB48J0awzuO8g

Thank you. In the above folder I have also posted a short video and Barnet's own map of their parking signs for the road.

Copy of representation sent to Barnet:

Dear London Borough of Barnet,

As I have previously explained, there is no sign for the bay where I was parked and it follows that no contravention occurred. Your CEO has taken a photo of a sign in a different bay, but that sign might as well be anywhere. Each bay must have its own sign and signs placed elsewhere are irrelevant. I suggest that rather than carrying out a desktop review of this representation, you arrange for the signage to be physically investigated (i.e. someone needs to get out of the council office and go down to the location to have a look). If you do so you will find that the sign is indeed missing (see photo), and you need to arrange for the signage to be reinstated if you wish to enforce that bay. In the meantime you should cancel this PCN and suspend enforcement of that particular bay until the signage issue has been resolved. Furthermore, I hereby raise a formal complaint against the CEO, who has plainly taken a photo of a sign for a different bay. This is incompetent at best and dishonest at worst, so a the very least some retraining is in order. The CEO should simply report the missing sign and arrange for reinstatement, rather than take photos that paint a misleading picture of events. Of course you will appreciate that if you issue the usual templated fob-off rejection, I will pursue an order for costs against the council on the grounds that the notice of rejection is wholly unreasonable. I will pursue this course of action even if the council does not contest the appeal.

Yours faithfully, XXXXXX

https://1drv.ms/f/s!AtIKTU4fSYCcgZwSbpB48J0awzuO8g

Link to copies of Barnet Council rejection letters. Please advise next steps. Thanks

Please look at these and let me know your thoughts?

https://www.keycases.info/wp-content/uploads/2024/01/Decision_120514_AW00054-2210_Redacted.pdf

Also: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2011/905.html&query=(.2011.)+AND+(EWCA)+AND+(Civ)+AND+(905)+AND+(herron)

"Looking therefore at the CPZ as a whole the absence of a yellow line, the fact that the single stretch of road had not been marked, or that some of the bays, taxi, disabled, bus-stops, etc had not been correctly marked, should be considered trivialities which could not mislead a driver who parked on a clearly marked restriction"... "...I remain of the view that a motorist driving into an area which is a CPZ will be correctly notified of that by the entry signs and will know that there are restrictions in place for parking during the hours stated upon that. If the motorist then chooses to park on a yellow line he or she must expect a contravention to have occurred and if the motorist parks in a bay then he or she should abide by the restrictions and timings indicated on any plate relevant to that bay"

I can confirm there is no sign whatsoever for this bay. The GSV is old. Interesting that the CEO took a photo of the sign for a different bay across the road, presumably realising there is no sign for the bay I was parked in. I included two photos in my reps showing clearly there is no sign for the bay I was parked in and also stating this clearly, however this seems to have been ignored. So, shall I hold out and go to net stage?

The permit bay I parked in within a CPZ does not have its own sign (there is no sign at all for this particular bay). This bay has been missing a sign for several years and I have parked on it daily without a problem until now. One of the CEO's photos was of a different sign for a permit bay across the street within the same CPZ.

My challenge as follows, has been rejected:
The Parking place outside XXXX where the vehicle was parked, has no sign. See attached images. The Council's photo of the sign relates to a different Parking place. Refer to the following: 1) Highway Code Rule 245: Controlled Parking Zones. The zone entry signs indicate the times when the waiting restrictions within the zone are in force. Parking may be allowed in some places at other times. Otherwise parking will be within SEPARATELY SIGNED AND MARKED BAYS. 2) Barnet.gov.uk How Controlled Parking Zones (CPZ) work. Permitted Parking: Parking places are marked out in white to show where parking is allowed. Parking places will be subject to conditions and SIGNS WILL SHOW WHAT THESE ARE.

It seems pretty clear that: 1) the council must place a sign on each bay; and 2) as there's no sign on the bay, I can park there. Should I go to formal representation, or am I missing something and should pay up? [ Guests cannot view attachments ]

[ Guests cannot view attachments ]