Free Traffic Legal Advice

Hi,

I have received the above reply from manchester city council

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Unfortunately, I parked and thought it was pay after parking. Clearly, I misread the sign and only paid when I got back to car, to find out I had already received a ticket

I received a Penalty Charge Notice (PCN) from Manchester City Council for allegedly parking without payment at Thurloe Street Car Park at 23:37 on 22/01/2025. However, I made a payment for parking at 00:06 on 23/01/2025, which I assumed would cover my stay.

At the time, I believed payment could be made upon return. There were no clear signs stating that immediate payment was required upon arrival. I genuinely intended to pay and did so as soon as I was able. The PCN was issued only 29 minutes before my payment, which I feel is unfair.

Uploaded Evidence
PCN Image (attached)
Bank transaction screenshot showing payment made to Manchester City Council at 00:06 on 23/01/2025

https://maps.app.goo.gl/TvgdyXF9c8R9ncjP6

Do I have strong grounds for an appeal?
Has anyone successfully appealed under similar circumstances?
Should I argue based on unclear signage, or would mitigating circumstances be enough?
Would really appreciate any advice! Thanks in advance.

I completely get that I should have been more attentive with this big ass sign but I was not.



Do you think this will help?
I am writing to formally challenge PCN MC82054700, issued on 22/01/2025 at 23:37 at Thurloe Street Car Park for “Parked without payment of the parking charge.”

Grounds for Appeal
1. Poor Visibility & Readability of the Parking Sign
The signage at the car park entrance is not illuminated, making it difficult to read, especially at night. Given that my vehicle was parked at 23:31, the visibility of the instructions was significantly reduced. Under the Traffic Signs Regulations and General Directions (TSRGD) 2016, parking restriction signs must be clearly visible in all lighting conditions.

2. Unclear Time Requirement for Payment
The sign states that "a parking session must be purchased at the time of entry", but it does not specify an exact timeframe. Many car parks allow a short grace period for drivers to read the terms and make payment. I genuinely believed that making a payment within a reasonable timeframe (such as 30 minutes) was permissible.

3. Insufficient Grace Period Before PCN Issuance
The Civil Enforcement Officer (CEO) observed my vehicle for only 6 minutes before issuing the PCN. A grace period should have been given to allow me to park, read the sign, and arrange payment. I was not given a fair opportunity to do so.

4. Genuine Mistake & Payment in Good Faith
I paid for my parking session at 00:06 on 23/01/2025, which is only 29 minutes after the PCN was issued. I did not intend to avoid payment, and my immediate action to pay proves this. Given that I did make payment, the penalty is disproportionate to the alleged contravention.

Request for Cancellation
In light of the above, I respectfully request that this PCN be cancelled as the penalty is unfair given:

Poor visibility of the sign at night
Vague wording regarding payment timing
The lack of a grace period before ticket issuance
My good faith payment, demonstrating no intention to avoid the charge
I have attached my bank transaction screenshot as evidence of my payment. I kindly ask for your understanding and a fair resolution.

This is the view of the sign as you approach to turn right into the street: -
https://maps.app.goo.gl/oRfXsGdmGTVdkpzq8

I don't think the sign is prominent at all, and should have been mounted further back past the double-yellow lines. So submit informal representations on this basis.

Who was driving the vehicle is totally irrelevant in law as the legislation places responsibility for all PCNs on the owner of the vehicle. Is this you ? If not, is it a hire/lease firm ?

I've looked at the council pics and they have a close up of the sign and your car but nothing showing the layout.

So yes draft something saying it was at night and you turned right into a street where the unilluminated single sign is set to the left and not fully at the entrance to the road and you consider this inadequate to inform drivers of a restriction in this very short dead end.

Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice (PCN), issued on 08/01/2025 at 19:54 for the alleged contravention: “Parked in a residents’ or shared use parking place without clearly displaying a permit or voucher or pay and display ticket” on Union Street, Moss Side.

Grounds for Appeal
1. Inadequate and Poorly Positioned Signage at Night
At the time of the alleged contravention, I entered Union Street by turning right and was unaware of any parking restrictions. The only visible sign indicating residents' or shared use parking was positioned on the left-hand side and not fully at the entrance to the road.

The placement of the sign fails to adequately alert drivers, particularly at night, when visibility is reduced.
Given the short length of this dead-end road, a restriction sign should be clearly visible to all approaching vehicles from the entrance, but this was not the case.
The sign was not illuminated, making it extremely difficult to notice at night. Under the Traffic Signs Regulations and General Directions (TSRGD) 2016, local authorities must ensure that parking restriction signs are clearly visible and properly illuminated, particularly in low-light conditions.
2. Failure to Provide Clear Notice of Restriction
For a restriction to be legally enforceable, it must be clearly conveyed to motorists upon entering the restricted zone. In this case:

The signage was positioned in a manner that does not allow drivers to reasonably be aware of the restriction before parking.
There were no repeated signs further into the road to remind drivers of the restriction.
The restricted parking bay had no apparent road markings or indications that it was a controlled area.
3. Request for Evidence
If Manchester City Council chooses not to cancel the PCN, I request the following evidence:

Photographs taken by the Civil Enforcement Officer (CEO) showing my vehicle in relation to the restriction sign and any relevant road markings.
A copy of the Traffic Regulation Order (TRO) confirming the enforcement of restrictions in this specific location.
Details of any maintenance records showing the last time the restriction sign was checked for visibility, lighting compliance, and positioning adequacy.
Conclusion
Due to the inadequate, unlit, and poorly positioned signage, I did not have fair notice of the restriction when I parked. This does not meet the requirements for lawful enforcement under traffic regulations. Therefore, I respectfully request that the PCN be cancelled.

Should my representation be rejected, please provide the requested evidence and full reasoning so that I can consider my options for appeal with the Traffic Penalty Tribunal.

I look forward to your prompt response.

Yours sincerely,


Do you think this is a well-worded appeal?

I am the owner of the vehicle


Really appreciate all your help on this  

Thanks for your response. It may have been that I parked without knowing sometime in 2024 and did not get caught out as I usually go to this place every year or so.

Should I say that I was the driver of the vehicle?


I turned right into the street missed the damn sign on the left, I don't believe it's prominent at all.

Quote from: Incandescent on January 27, 2025, 10:14:49 am

Unfortunately, all they need there is the sign in the GSV view. This advises of a Permit Parking Zone beyond the sign.

Let's get the term right - this is a permit parking area (not zone) as defined in schedule 1 The Traffic Signs Regulations and General Directions 2016.

OP - how did you turn into this short road?