Free Traffic Legal Advice

H C Andersen, thanks, I'll check that post out.

stamfordman, I don't know, only thing I can think of, is that my availability time of 10am to 2pm Monday to Saturday, was a bit restrictive, so maybe that's the soonest date they had available to match those times.

H C Andersen, thank you for your prompt input, much appreciated.

Here's the tribunal application I submitted:

https://imgpile.com/p/n4H8c9y#4GkQZJH

Since the following picture shows 2 plates, I didn't mention about a single plate, but none of the pics still show 3 plates.

https://imgpile.com/p/OCQcns6

Here's the text I entered:

I appeal on three grounds: (1) The contravention did not occur; (2) The penalty/other charge paid to have the vehicle released exceeded the amount applicable; (3) Procedural impropriety.

1) Contravention did not occur – inadequate / unclear signage at my position.
This was a long residents’ bay (≈30 m). On the removal date there was a single suspension sign at the far end of the bay, ≈27 m from my space; there was no sign near my vehicle and the permanent bay plate above the suspension plate remained visible. I did not see any indication that the space I used was suspended. The authority says its suspension signs are three-sided and DfT-authorised, but its photographs do not show a compliant three-sided unit with side arms. That raises serious doubt that a compliant sign was actually displayed, which would explain why no suspension was apparent from where I parked. In a long bay, with no three-sided unit with side arms and an uncovered permanent plate do not adequately convey that my specific position is suspended.

2) Penalty/other charge exceeded the amount applicable – removal/storage not applicable if relocation should have been used.
The Notice of Rejection (NoR) asserts the suspension sign was erected 04/08/2025 at 11:25 and that my VRM was not on the “already present” list. However, the authority has not produced the suspension-**** log, the vehicle-presence/VRM list, or **** photos. Its own Removal & Relocation Policy for contravention 21 requires that any vehicle recorded as present when the notices were erected must be relocated to the nearest lawful bay (not taken to the pound). If, on proper disclosure, the records show my vehicle was already present, the removal/storage charges were not applicable and must be refunded. If the authority cannot prove its assertion, the same conclusion follows: it has not discharged the burden to justify removal charges.

3) Procedural impropriety.
(a) Failure to consider: my formal reps raised the number/positioning of signs over a 30 m bay, the uncovered permanent plate, and the relocation-only policy. The NoR replies with bare assertions (including the 04/08/25 11:25 claim and “vehicle not on list”) but no supporting records and no engagement with the adequacy of signing at my position.
(b) Failure to disclose key documents reasonably requested and central to its case: the suspension **** log (with times/locations/photos and extent diagram), any VRM list, CEO photos and notes, the removal job sheet, the Traffic Order/TTRO/works authorisation, any DfT authorisation relied on, and the policy/decision record explaining why removal (not relocation) was used. The authority’s refusal/failure to provide these constitutes procedural unfairness.

Remedy sought.
Allow the appeal, cancel the PCN and direct a refund of £415 (PCN £80 + removal £280 + storage £55). In the alternative, please issue a direction requiring the authority to produce the items listed above; if it cannot produce them, draw an adverse inference and allow the appeal.

I will upload: PCN (front/back), pound receipt (£415), photo showing the single sign at the far end of the bay, my correspondence requesting disclosure, and the NoR. I reserve the right to file a fuller submission once the authority serves its evidence.

Just got my Notice of Rejection today:

https://drive.google.com/file/d/11WGNpFyDQVXrIG9n41JyuFHGDilXRA2p/view?usp=drive_link

Here's my original appeal:

https://drive.google.com/file/d/1hkMJsOgg4r4l6bHAYUzxdDevxd6omz2W/view?usp=sharing

Apparently the car was not there when they put the signs up:

"Our suspension record shows your vehicle was not in the bay prior to the suspension sign was put in place on 04/08/25 at 11:25."

Should I ask for evidence for this?

Do you think it's worth appealing this to the Environment and Traffic Adjudicators?

Thanks.

I am the registered keeper.

Google Street View of the location:

https://maps.app.goo.gl/W2CkPEfSx3EAQ5yv6

On 03 June 2024, my car was photographed entering Mile End Leisure Centre at 10:53:04, and leaving at 11:17:14 on the same day, for a total stay of 24 minutes. Here is the PCN:





The very next day after receiving the PCN in the post, I wrote to Mile End Leisure Centre, asking if they would cancel the PCN, because the driver was there for a legitimate reason (attending their child's school event), and was not abusing the parking, especially because they have a Tower Hamlets resident parking permit, and could easily have parked on the road, and would have done so, had the signage at Mile End Leisure Centre been more clear.

Unfortunately, I missed the deadline to appeal to Gemini Parking, and now have received a debt collection letter:



I guess there's nothing to do now but to wait for the CCJ letter.

Here are some possible arguments:

1. The signage is too small, and the driver genuinely did not know that they had to pay for parking. The entry sign is too small, especially because people have to turn in from a 30 mph road. Once inside the parking area, there are few parking signs that are very small and won't necessarily be seen depending on where you park.

2. Notice to keeper received late

For ANPR cases, Schedule 4 of the Protection of Freedoms Act 2012 (POFA) says the Notice to Keeper must be delivered to the keeper within 14 days. A notice issued on the 14th (a Saturday) would be deemed delivered two working days later (normally the 18th) – outside the 14-day window.

Just for piece of mind, do you think I have a chance at winning this if they take it to the CCJ stage?

Thanks in advance. Here are some pictures I took of the place:

https://imgur.com/a/LX7l8jl

Since I have no experience in these matters, I'm going to use H C Andersen's template and add in the part about possibly being parked there from before the signs were erected. I'll send it before midnight today.

The argument about the old sign not being covered seems to hold some weight. Though not compulsory, them having not covered it, adds some weight to my argument that the sign was far away and not visible. So if their records indicate that my car was NOT parked there at the time the suspension signage was erected, I could argue that their signage was inadequate (far away, too low, didn't cover original sign).

Here's what I'll be sending, stamfordman or anyone else, please let me know if I should change anything.

Dear Tower Hamlets Parking Services,

I make representations against the PCN and the removal and storage charges under the Traffic Management Act 2004 and the Civil Enforcement of Road Traffic Contraventions regulations.

PCN: TT59832434
VRM: FT04 EDL
Contravention code: 21 (parked wholly or partly in a suspended bay or space)
Location: Blair Street (junction Abbott Road)
PCN time: 08:34 on 11/08/2025
Vehicle release: 13/08/2025
Sums paid: £80 PCN (discount), £280 removal, £55 storage (total £415) – pound receipt attached.

1.The penalty charge or other charge... circumstances of the case;
2.Contravention did not occur.

1. I hold a valid resident's permit and therefore the council, acting fairly and proportionately, should have sought to relocate my car in the area and not remove to a pound which increased my financial liability by over £200 i.e. more than doubling the penalty charge. I acknowledge that the sign states that vehicles in contravention may be removed, but removal is not synonymous with taking to a pound, removing to another place on a road being equally applicable.

Additionally, your published Vehicle Removals & Relocations Policy for contravention 21 states that any vehicle recorded as being in the suspended area when the suspension notices were erected must only be relocated to the nearest lawful bay. If your records show my car was present when the signs were erected, removal to the pound was contrary to policy and disproportionate; relocation should have been used.

If the authority reject these grounds then they must state in detail on what basis the council chose (on this occasion) or has chosen (as a matter of public policy) to remove my car to a pound and not simply to another place on a road.

2. As regards the contravention, I notice from the authority's photos that there is a single parking place approx. 30m in length, that there was a single suspension sign in the parking place, that this was attached to the same post as and well beneath the only traffic sign in the bay, this being at the end of the bay and therefore approx. 27m from my car, that the suspension applied to the complete bay; and that at all times during the period of suspension this traffic sign was left uncovered by the council.

This is wholly improper.

The Department for Transport’s Traffic Signs Manual (TSM) Ch.3 advises that where a bay is suspended a temporary sign to diagram 640.1 should be used to cover the parking place upright sign (Figure 13-88) so that the restriction is properly conveyed to motorists using the bay.

Whereas a motorist being parked at the end of the bay furthest from the sign, as I was, might not see the suspension sign because this could be obscured by the roofs of cars, they would be able to see the traffic sign, which is set at a prescribed height for this purpose. Any resident permit holder parking and seeing this sign would not have any reason to look further whereas, if it had been covered - as it should have been because it served no purpose during the suspension- then it would have been incumbent upon a motorist to discover why and thereby see the suspension sign.

If the authority reject these grounds they must explain why, as a matter of policy, this sign was not covered.

Remedy sought

Please cancel the PCN and refund in full the removal and storage charges (£280 + £55) and the PCN sum I had to pay to recover the vehicle (£80), totalling £415.

Evidence enclosed

• PCN (front/back).
• Pound receipt showing £415 paid.
• Photo of the sole suspension sign at the far end of the bay.
• Neighbour’s photo showing my car parked at the opposite end of the bay on the morning of removal.

Disclosure requested

If you do not accept these representations, please supply with your Notice of Rejection:

• The suspension **** log for the Blair Street suspension covering my space, including date/time each sign was erected/checked/removed, installer details, photos, and the extent/diagram of the suspended length.
• Any vehicle-presence/VRM list made when the signs were erected (you may redact third-party VRMs). Please state explicitly whether VRM FT04 EDL appears and, if no list was produced, explain why given your relocation policy.
• All CEO photos showing the sign and my vehicle in context (not just close-ups), CEO notes, and the removal job sheet (PCN issue time, lift start/finish, pound arrival).
• The DfT authorisation for the precise suspension sign used (or confirmation it is the prescribed diagram 640.1 sign) and the Traffic Order/TTRO covering this suspension.
• The Council’s removal/relocation policy and assessment showing why relocation was not used.
• Assessment showing why the temporary suspension sign did not cover the permanent bay sign

Yours faithfully,

The point about the sign only makes sense if you were checking the car otherwise it seems you just parked before the suspension sign went up and then didn't check. 

And I'm not sure what Mr Andersen is on about as we've never seen the parking signs in suspended parking places under code 21 obscured on the day(s) of suspension.

I did a Google image search, and it seems a lot of yellow suspension signs are placed beneath the original permanent parking sign, without covering the original. I guess they place the suspension sign low so people can read the small print.

But why then does The Traffic Signs Manual (Ch.3) say, "Where a parking bay is suspended, a temporary sign to diagram 640.1 (S13‑6‑22, see Figure 13-88) should be used to cover the parking place upright sign."?

I asked ChatGPT about this:

By searching for suspended parking bay signs on Google Images, I can see that a lot of suspension signs don't cover the original permanent parking sign. Do they really have to cover the original sign with the suspension sign?

ChatGPT said:

Short answer: they don’t have to cover it, but they should.

The Department for Transport’s Traffic Signs Manual (TSM) Chapter 3 says that when a bay is suspended, a temporary sign to diagram 640.1 should be used to cover the parking place upright sign—the idea is to avoid two conflicting messages on the same post. “Should” here is guidance (not an absolute legal “must”), but councils are expected to have regard to it.
GOV.UK

Adjudicators look at adequacy and clarity overall. If both the permanent and temporary plates are visible, it isn’t automatically invalid—but it can support an argument that the restriction wasn’t clearly conveyed (especially coupled with distance/positioning issues). The Campbell v Camden key case is often cited on the need for a compliant, clear suspension sign.

Separately, most London boroughs (including Tower Hamlets) have DfT authorisations for their suspension signs. Those authorisations govern the design/wording; they don’t always dictate covering, which is why you’ll see many signs placed below the permanent plate in practice.
dft.gov.uk

How to use this in your appeal

Frame it as part of your “signage not adequately conveyed” ground, not as a technical knockout:

Point out the permanent plate remained visible above the temporary suspension plate, which is contrary to TSM guidance to cover the upright sign, creating mixed messaging at that location.

Combine this with your single distant sign over ~30 m argument to show that, taken together, the signage was insufficiently prominent and potentially confusing where you parked. Back it up by asking the council to disclose their **** photos and the extent diagram for the suspension.

Bottom line: covering the permanent sign is best practice (per TSM) but not a strict legal requirement. Your strongest position is to argue overall inadequacy/ambiguity—and the uncovered permanent sign is one of several points that support that.

When and how did you find out the car was impounded.

On the night of 12/08/2025, I went out looking for it and couldn't find it. I called the TRACE service, and they told me it was at Tower Hamlets Car Pound, so I went and collected it the next morning.

Tow date: 13/8/2025
Deadline to appeal: 10/9/2025 (apologies for posting so near the deadline, I didn't think I had a chance to win this until recently when I asked on ChatGPT).

Google Street location:

https://maps.app.goo.gl/81cK3CANsWffC9RTA
https://maps.app.goo.gl/Gy5wsJu7XdsAdamz8

(Check it out, my car's on Google Street! And in exactly the same spot from which it was later towed)

On 11/8/2025, my car was towed and taken to Tower Hamlets Car Pound for being parked in a suspended bay.

I collected my car on the morning of 13/8/2025, and incurred a total cost of £415, comprising of the following:

- £80 PCN (reduced fee for paying within 14 days)
- £280 car pound release fee
- £55 car pound 1 day storage fee

My car was parked in that bay for a long time, it may have been there from before the suspension signage was erected, but I'm not sure.

The two main arguments I can think of are as follows:

1. My car was parked in the bay before the signage was erected.

My car WAS parked there for a long time, but I don't know if it was parked there from before the suspension signs were erected. Could I make that statement and put it to THEM to prove that the signs were erected first? Should I perhaps word it as, "Please provide evidence that the car was parked after the signage was erected"?

2. The signage is inadequate.

There was only one suspension sign, and it was placed at one end of the parking bay, which is around 30 metres long. My car was parked on the other end of the parking bay, around 27 metres away from the signage. A neighbour took an image of cars parked on the morning my car was towed, and so I have photographic evidence that my car was parked on the other end, some 27 metres away from the signage.



The above image was taken by a neighbour on the morning my car was towed. My car is the red Honda civic after the white van. The yellow suspension sign on the left is the only one there is.

Here are some more images of the signage that I took on the day I collected my car from the pound:





3. Since I have a resident parking permit, they could have moved my car to another bay rather than taken it to the car pound.

I don't know if this is a valid argument, but wonder if it might be worth putting forward.



Here are the images of the PCN and other paperwork from the car pound:

PCN front:



PCN back:



Car pound receipt:



Representation letter page 1 of 2:



Representation letter page 2 of 2:




I put the details to ChatGPT and it recommended the following:

Subject: Formal representations – removal following PCN TT59832434 – VRM FT04 EDL – contravention 11/08/2025 – release 13/08/2025

Dear Tower Hamlets Parking Services,

I make formal representations against the PCN and the removal and storage charges under the Traffic Management Act 2004 and the Civil Enforcement Regulations.

PCN: TT59832434
VRM: FT04 EDL
Contravention code: 21 (parked wholly or partly in a suspended bay or space)
Location: Blair Street (junction Abbott Road)
PCN time: 08:34 on 11/08/2025
Vehicle release: 13/08/2025
Sums paid: £80 PCN (discount), £280 removal, £55 storage (total £415) – pound receipt attached.

Ground 1 – The contravention did not occur: I was already parked before the suspension signs went up and the signage was not adequate.

• My car was parked in that bay before any suspension signage was erected.
  
• Only one suspension notice was placed at the far end of a long 30-metre bay; my car was ~27 metres away at the other end. There was no sign adjacent to the vehicle and nothing covering the ordinary bay upright sign by my space.

The Department for Transport’s Traffic Signs Manual (TSM) Ch.3 advises that where a bay is suspended a temporary sign to diagram 640.1 should be used to cover the parking place upright sign (Figure 13-88) so that the restriction is properly conveyed to motorists using the bay. Where a long length is affected, signage must be positioned so that adequate information is given to road users.

London Tribunals key cases confirm that suspended bay restrictions are only enforceable if clearly and lawfully signed. In Campbell v Camden the adjudicator emphasised the requirement for a compliant suspension sign to properly indicate the restriction.

Further, in Burrows v Wandsworth (and companion cases Reale v Tower Hamlets/Grieves v Tower Hamlets), the tribunal allowed appeals where motorists had parked before temporary restrictions were imposed and/or where the council failed to give adequate and prominent notice. The decision stresses authorities must give reasonable advance notice and display signs prominently; otherwise enforcement is unlawful.

The Secretary of State’s Statutory Guidance also says authorities should not issue PCNs when traffic signs or road markings are incorrect, missing or not in accordance with the order, and authorities must have regard to this guidance.

On that basis, the alleged contravention was not properly indicated at my position and did not occur.

Ground 2 – Procedural impropriety / improper use of removal powers: removal was disproportionate and relocation should have been considered.

This was a residents’ bay suspension for water works, not a safety hazard. The Secretary of State’s guidance requires enforcement to be fair, proportionate, and for councils to have regard to the guidance when deciding whether to remove a vehicle. Where removal is not necessary, relocation (moving the car to the nearest lawful bay) is the proportionate step commonly endorsed in London policies. Using removal (plus storage) where signage was doubtful is disproportionate and amounts to procedural impropriety.

Remedy sought

Please cancel the PCN and refund in full the removal and storage charges (£280 + £55) and the PCN sum I had to pay to recover the vehicle (£80), totalling £415.

Evidence enclosed

• PCN (front/back) and the pound receipt.
• Council “Representations Against Removal of Vehicle” form.
• Photo of the sole suspension sign at the far end of the bay (IMG_0320_2.jpg).
• Neighbour’s photo showing my car parked at the opposite end of the bay on the morning of removal.
• My statement confirming I parked before signs were erected and that no sign was near the vehicle.

Disclosure requested

If you do not accept these representations, please supply with your Notice of Rejection:

• The suspension log, including the date/time each sign was erected, checked and removed.
• All CEO photos showing the sign and my vehicle in context (not just close-ups), CEO notes, and the removal job sheet (PCN issue time, lift start/finish, pound arrival).
• The DfT authorisation for the precise suspension sign used (or confirmation it is the prescribed diagram 640.1 sign) and the Traffic Order/TTRO covering this suspension.
• The Council’s removal/relocation policy and assessment showing why relocation was not used.

Yours faithfully,

Thanks in advance for any help you can offer.

I sent the following representation on 2025-04-02:

The Penalty Charge Notice is unenforceable because:

1. The reference to The Interpretation Act is both irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the notice.

2. The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)

https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

3. The statement: "It will not entitle you to the right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement about consideration seems to contradict what has been previously stated.

4. The statement: "Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period." similarly fetters discretion and also misstates the time period.

5. The alleged contravention did not occur.

The embedded photograph and video evidence provided for the PCN lacks any proof of relevant signage either passed or in situ including any relevant road markers proving that this occurred on a bus lane.

6. Short distance travelled in the alleged bus lane.

The car is shown to enter the alleged bus lane at the start of a bus stop. The alleged bus lane ends immediately at the end of that bus stop.

Page 4 of the PCN states, "If you have driven in the bus lane for only a very short distance we do not usually issue a PCN...".

In light of the above, please cancel the PCN.

I checked today and it appears the PCN has been cancelled!

Hippocrates, Incandescent, thanks for your help, much appreciated.