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Messages - Wilbo

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1
Some thoughts.

Thank you so much H C!

I've incorporated your suggestions as follows:

I wish to appeal the above PCN, on the grounds that the driver was unaware of any restrictions in place when they parked, due to insufficient signage.

When the driver exited the vehicle they looked around for any markings which would indicate whether parking was restricted. There was a clearly-visible sign marking the entrance to the 'Ticket and Meter Zone’ at the entrance to Farrars Avenue, and into Station Road and beyond: this very obviously did not apply to the portion of Farrars Avenue in which the vehicle was parked. Nearer to where the vehicle was parked the driver noticed a smaller sign which was entirely blank apart from a single blue ‘P’ sign (a universally-recognised symbol for parking). Above this, on the same post, was a further sign forbidding heavy vehicles from parking in the area outside of the hours 8am–6.30pm. Apart from this, which clearly did not apply to the vehicle in question, there was no indication of parking restrictions in force in the street.

On returning to the vehicle and finding the PCN, the driver explored the area and discovered a sign indicating the start of a Permit Parking Area. The driver had not seen this before as it is obscured by a tree from the driver’s vantage point when entering the road, as the attached Google Street View screenshots demonstrate. The driver also examined the signs near the car and found that text informing drivers of restrictions in place had been painted over with opaque white paint, leaving only the ‘P’ symbol visible.

Subsequent research has shown that restrictions have been in place in Farrers Avenue for some years and whereas these were previously signalled by two prominent signs on either side of the carriageway (as recently as 2022), the council has let this deteriorate to only one sign on the offside footway which is now obscured (at least at this time of the year) by a leafy crown. Furthermore, the 'repeater signs’ along the street have all been painted over since at least March 2022, leaving ample time for repair or replacement.

With respect, the PCN should be cancelled and the signage improved, at least to the standards deemed necessary in 2022.


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(Note that the car was parked very near to the repeater sign which had been painted out, not on the other side of the road to it – see attached image which I forgot to include before)

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Here's my appeal - any feedback would be very welcome!


I wish to appeal the above PCN, on the grounds that the driver was unaware of restrictions in place when they parked, due to insufficient signage.

Firstly, there were ‘repeater signs’ along the length of the street but all of these had been painted out so they were entirely blank apart from the blue ‘P’ sign, which is universally recognised as a symbol for parking. Thus, when the driver exited the vehicle and looked around for parking information, they saw one of these signs nearby and reasonably assumed that parking was permitted with no restrictions. There were no times or other restrictions visible on the signs. The vehicle was parked close to the entrance to the permit parking area but there was no sign signalling the end of the area (since this is a cul-de-sac) and so there was no other signage visible to the driver when they exited the vehicle and looked around.

Secondly, the sign signalling entrance to the permit parking area was obscured by a tree (planted since March 2022) and the second entrance sign, which would have been more clearly seen, has been removed for some time. The attached Google Street View screenshots clearly show that the sign is not visible to drivers as they enter the road or indeed once they have driven some way into it. The sign is only visible once a vehicle is level with the tree itself and the likelihood of the driver actually seeing it might be greatly lessened by road conditions at the time – for instance passing a high-sided vehicle, or when observing potential hazards such as children playing in the cul-de-sac.

As can be seen from the attached Street View screenshots, in March 2022 there were two entrance signs, one on each side of the road; there was no tree obscuring view of the right-hand sign; the repeater signs along the length of the street had not been altered. By July 2024, however, the left-hand entrance sign had been removed; a tree had been planted (presumably by the council) very close to the remaining entrance sign; and the repeater signs had all been painted over leaving no information apart from the blue ‘P’ logo which indicates permitted parking.

In the ten months since then there has been ample time for the council to repair or replace the repeater signs and to trim or remove the newly-planted tree which obscures the only remaining entrance sign. They have not done so. Taken together, the issues with the visibility of the signage in Farrars Avenue are such that the driver was unaware of the restrictions in place. Therefore, I respectfully request that on this occasion the PCN please be cancelled.

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Op no. 10 is just inside the zone. Personally, I think it's what's not there which adds most weight to the argument i.e. you cannot have a start to a zone without an end. See p.162.

Ah sadly I don't think this line of argument will quite work since the Traffic Signs Manual stipulates that

"A sign to diagram 664.1 indicating the end of the permit holder parking area will be needed, unless it is a cul‑de‑sac." (my emphasis).

it adds that

"repeater signs are not mandatory and might not be required at all in a short cul‑de‑sac or where parking by non‑permit holders is not likely to be a problem."

Unfortunately, Ferrers Ave is indeed a cul-de-sac. Nonetheless I will mention this as I guess there was no other sign to see from the driver's POV upon parking, except from the tampered-with signage which suggest that parking IS permitted...

However, there is further bad news: the manual states that

"Where parking in an entire road is reserved solely for permit holders, it might be possible to provide signs at the entrance to the road and dispense with signs and bay markings within the road itself"

and adds that

"In order to reduce environmental impact, there is no requirement to provide an entry sign on each side of the road."

So I think that the best approach is to argue that the signage was confusing and that the driver reasonably believed that they were permitted to park in the street. What do you think?

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Great observation! Thanks for that… I’ll work it into an appeal and post if up shortly…

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Hi all,

Posting on behalf of a friend. Vehicle was parked in restricted zone (residents permits only). However, all signs were painted out leaving only the blue 'P' for 'parking' so the driver thought it was fine to park. There was a sign at the entrance of the road but this was obscured behind a tree (see attached screenshot from Google Streetview).

In my view the PCN isn't enforceable since the signage wasn't correct. Streetview shows that the signs have been painted out since at least July 2024 so the council have had plenty of time to repair/replace them.

Also it seems that the warden didn't observe the vehicle for more than 6 mins. Is that relevant?

Would love to know what you chaps think – any feedback will be gratefully received!!

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Thank you – I really appreciate the feedback. I'll let her know!

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Thanks stamfordman. I'm not sure of the PCN# and vehicle reg, they're blurred out. If it matters I can find out from her. She's definitely the registered keeper, I think she received the NtO around 18 Oct.
(As far as I know a property guardianship is basically an arrangement where you live in a disused building, an old school or council building etc., for greatly reduced rent in order to protect the building from squatters and for insurance purposes)

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I believe she hasn't made any representations at all. She lives in a property Guardianship and apparently the NtO didn't arrive until after it was too late. Presumably she's out of options?

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Thanks stamfordman,

Yes she did receive an NTO – please see both that and the PCN attached.



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Hello all,

I'm posting this on behalf of a friend (really).

She tried paying the fine (on the day she received the PCN) but although the REG and PCN# both matched, the council website wouldn't allow her to proceed with the payment – see screenshot below. It will now allow her to pay, but the amount has increased to £75. Is there anything she can do?



11
There is an issue with the TFL notice of rejection template that may save the day
...
So I suggest you send your representation asap as you want to get it in during the discount period, then post up the notice of rejection when you get it and if there is an exploitable flaw we'll help you with the next steps.
Thank you so much, I'll do exactly as you say. Am I ok phasing it as I have (re: being the driver), or should I rewrite it?
Thanks again – this forum is fantastic!

12
Hello all,

I'm extremely careful about emissions charges etc. but annoyingly have still been caught out by TFL's sneaky charging system.

My trip to London lasted for less than 24 hours. I paid the charge online, did not realise that a second charge would be due if staying after midnight and so have received a PCN (attached) with what seems to me a wildly disproportionate fine of £180 (reduced to £90 if paid quickly). This seems very unfair to me.

Two questions:

1) Do I have any chance of getting out of this?
2) Is it necessary to refer only to 'the driver' in this case or is that only for private fines?

My draft appeal text is as follows:

Dear Sir / Madam,

I drove to London from Stroud in Gloucestershire on 16 March 2024. Since I was entering the ULEZ charging area, I made sure to pay the charge on my arrival.  My receipt number is XXXXXXXXXX

Nonetheless, I have received a PCN from you since my trip lasted until after midnight on the day in question, and thus spanned two charging days. Since I am not from London I was unaware of the midnight-to-midnight charging scheme and naturally assumed that only a single payment was necessary for a trip lasting less than 24 hours. It was not my intention to avoid the second charge (for 17 March 2024) and I only neglected to pay it due to inadequate information provided by TFL.

I paid the charge for 16 March after accessing the following page, via a Google search for the terms ‘pay ULEZ charge’:

https://tfl.gov.uk/modes/driving/pay-to-drive-in-london

Nowhere on the page does it mention that a second charge would apply to a driver who entered the zone for less than 24 hours, but spanning two 24-hour charging periods. Since this is counter-intuitive (a motorist would naturally assume that only a single charge applied to a trip lasting less than 24 hours) the lack of clear information is significant. When I clicked on the ‘PAY’ button and followed the instructions, the online payment process likewise did not inform me that I would have to make two payments if my trip lasted beyond midnight.

Regulation 18 (1)(a) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 makes clear that where an order (such as the ULEZ scheme) has been made, any signs should secure ‘that adequate information as to the effect of the order is made available to persons using the road’. None of the signs informing drivers of the ULEZ charge (which can be viewed on your website here: https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/ulez-road-signs) make any mention of midnight-to-midnight charging, or give any indication that a driver would need to pay two charges if they remained in the zone after midnight.

In the circumstances, and noting once again that it was not my intention to avoid the second charge, I would be very grateful if you would agree to cancel the PCN on this occasion. I am of course happy to make a payment of £12.50 to cover the actual charge for 17 March 2024, of which I was not aware until I received the PCN this morning.

Kind regards etc.

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I'd be very grateful for any advice you can give. Many thanks in advance!


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Sorry to sound harsh but that's not lack of time, it's lack of prioritisation, as copy / pasting the representation and clicking submit would only take two minutes.
...
As John says, what's the state of play with the other PCN?

You are quite correct, although I would add that people's lives are very complicated and sometimes even a simple chore can slip one's mind.

The other PCN has been paid. I guess I'll have to pay this surcharge as well.

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Sadly, despite your kind advice, I did not have time to get off my appeal. Now I've received a charge certificate (see attached). I've resigned myself to paying the fine but I REALLY don't want to give these thieves any more of my money. Is there any way you chaps know of by which I can avoid this? Any help would be gratefully accepted and will be acted upon immediately!
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Hi all! Just received two (!) PCNs for driving in the Bristol Clean Air Zone, which I had never before heard of.

I'm not from Bristol and on both occasions was only visiting briefly. I feel I am being unfairly punished since I would happily have paid the small charge if I had been aware of it – in my view the signage is grossly inadequate although I realise that this is probably not a grounds for appeal.

Here they are –

PCN 1:






PCN 2:











Annoyingly, the council have now re-worded the notice, so it appears to comply with the legislation re: dates. There is still an 0840 number, but that's not the only option for payment... Can any of you see a possible grounds for appeal here?

I don't think the penalty amount is remotely reasonable – does anyone know what the legislation has to say about that? I looked around online but couldn't find anything concrete...

Would be very grateful for any help you guys can give here!

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