Please excuse the lengthy post as I’ve had to reattach all previous images.
Notice to Owner has now been received. Never done this before so consulted AI and it came up with a lengthy response- but wanted to check here first if this is okay. We want to avoid having to go to a tribunal so have tried to create a strong argument but am guessing they will most likely reject whatever we write…
I am making a formal representation against this Notice to Owner on the ground that the alleged contravention did not occur.
The restriction was not properly conveyed because the suspension sign on the side of the road where the vehicle was parked was vandalised, blank and unreadable. This is clearly visible in the CEO’s own photographs.
The only legible suspension sign was located on the opposite side of the road, which does not apply to the bay in which the vehicle was parked. A motorist is not required to check signage across the road, nor can a restriction be enforced using a sign that governs a different bay.
1. The council failed in its statutory duty to adequately sign the restriction
Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the authority must ensure that:
“adequate information as to the effect of the order is made available to persons using the road.”
A blank, vandalised suspension sign cannot satisfy this legal requirement.
The council’s own photographs confirm:
• the sign next to the vehicle was blank
• the sign with the suspension details was on the opposite side of the road
• no readable sign existed governing the bay where the vehicle was parked
Therefore, the restriction was not adequately conveyed, and the PCN is unenforceable.
2. Established adjudicator case law confirms motorists are NOT required to check signs across the road
London Tribunals has repeatedly ruled that:
A motorist is only required to check signage on their side of the road
A sign on the opposite side does not apply to the bay they are parked in
A damaged, missing or unreadable sign makes the restriction unenforceable
Relevant cases include:
• Campbell v Camden (Case 2070377291)
The adjudicator held that a motorist is not required to cross the road to inspect signage and that restrictions must be clear from the side where the vehicle is parked.
• Al’s Bar & Restaurant v Wandsworth (Case 2020106430)
The adjudicator ruled that where signage is unclear or not properly maintained, the restriction cannot be enforced.
• London Borough of Hounslow v Mr M (Case 2180194309)
The adjudicator cancelled the PCN because the sign nearest the vehicle was damaged, even though a correct sign existed elsewhere.
These cases directly mirror the circumstances here.
3. The council’s reliance on a sign on the opposite side is legally irrelevant
The council’s rejection letter relied on a sign across the road, even highlighting it with a red rectangle.
This actually supports my case:
• It confirms the council has no readable sign on my side
• It confirms the sign they rely on governs a different bay
• It confirms the CEO did not photograph any valid sign adjacent to the vehicle
A restriction cannot be enforced using signage that does not apply to the bay in question.
4. The contravention did not occur
Because:
• the sign governing the bay was blank/vandalised
• the council failed to maintain adequate signage
• the only readable sign was on the opposite side, which does not apply
• adjudicator case law confirms motorists are not required to check across the road
• the restriction was not properly conveyed
The alleged contravention did not occur, and the PCN must be cancelled.
For the reasons above, I request that the Notice to Owner be cancelled.
Thanks again for everyone’s help.
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