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Messages - tincombe

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1
I don't understand your misunderstanding.

As I understand it, the sign signifies the entrance to an area where, when other restrictions allow, parking with 2 wheels on the footway is permitted beyond the sign i.e. within the area. The sign with a red diagonal is its matching pair i.e. in your direction you're entering the area and in the opposite leaving.

But whether there's a corresponding council resolution to this effect which specifies that the area starts at the sign is an unknown.

We need more info pl.

2
I am just going to go ahead and pay the £30(ish) fine as appealing it seems less straight forward than I had anticipated

How so? Your first post stated that you were parked on private land.
stamfordman's map seems to confirms this.
So, what's less straightforward?

Anyway, it's your choice.

We can't look at the traffic order because the Tribunal's website states:

West Northamptonshire have not currently submitted any TROs.

3
Are you the registered keeper with current DVLA records?

I ask because the next stage in enforcement is for the RK to be served with a Notice to Owner allowing them to make formal reps. The response to your enquiry should be front and centre IMO.

Never, ever, underestimate the effect of anecdote and received wisdom in local government i.e. the signs are there, therefore the road must be restricted, mustn't it!! (2 restrictions in fact)

4
To be expected however, your reps give you a template for any appeal.

Their reference to 'traffic signs' is total nonsense.

The sign is prescribed under Schedule 4 of these regs: https://www.legislation.gov.uk/uksi/2016/362/introduction

SCHEDULE 4
Upright signs that control waiting, loading and parking along a road


Road, road, road. They do NOT convey anything off-street unless this is brought to motorists' attention while parking on the land.

IMO, appeal.

While waiting, pl post your permit.


5
+1.

Including 'ticket' for what? Different contraventions and offences are governed by different legislation.

6
I understand that however the images taken doesn't show the sign/rule that I broke. It just shows pictures of my car. Can I argue that the sign/rule I broke is not present on the PCN?

Argue, yes.
Succeed, who knows.

IMO, the legal position is that every restriction must be signed such that it adequately conveys the applicable restriction. When upright traffic signs are used they must conform to the requirements set out in Schedule 4 here: https://www.legislation.gov.uk/uksi/2016/362/schedule/4

Except that, when applicable conditions have been met, the council may dispense with individual signs and substitute Controlled Parking Zone signs placed at every vehicle entrance into a zone:

Conditions: see 'controlled parking zone' - https://www.legislation.gov.uk/uksi/2016/362/schedule/1
Form of signs: https://www.legislation.gov.uk/uksi/2016/362/schedule/5

If it's a CPZ and the CPZ signs are of the correct form and in the proper places then individual signs are not required.

7
Where is their evidence that you incurred the charge i.e. CCTV or stills therefrom? All the rest is words and assertion, where's their evidence?


9
I have asked the Moderator whether this should be moved to the Flame Pit as it would appear that the thread does not involve a live PCN.

As regards
'But for my own sake, are any of the steps I have taken relevant at all?'

You clearly have interest, drive and passion..what's not to admire?

It just needs harnessing and a proper plan created.

10
I would weave into this...

But despite the clear 24/7 waiting restriction, the CEO believed that I was within a parking place and has included a photo of a traffic sign in support. However, it is not legally possible for a parking place and a 24/7 no waiting restriction to co-exist on the same length of street i.e. they are mutually exclusive and the 24/7 waiting restriction does not cease to have effect just because a parking place sign has been placed alongside. I understand that the fundamentally flawed layout might be challenging for the authority, but I would request that my argument, which is based in legal principles, is given proper consideration and not simply dismissed because it raises important issues beyond this PCN which the authority might find inconvenient.


11
The use of the word DISABLED is not prescribed unless the bay is reserved to 'disabled badge holders'.

But if it is, then the contravention did not occur because the PCN grounds relate to the infringement of a permit holder bay.

But if it isn't, then the marking is not lawful, even less does it represent the legal basis for rejecting representations, which is the authority's reasoning.

But above all this, IMO you have the absolutely clear DYL whose waiting restriction applies to where you were parked!

What a dog's breakfast.


12
IMO, your time is better spent formulating draft reps, don't bother looking for the TRO because even if there was one the markings cannot convey its provision because the mandatory markings are conflicting.

I'd stick with the obvious, but it's your PCN.

13
You seem to be hell bent on attacking this your way. C'est la vie.

IMO, you are approaching the issue in the wrong manner. Set out below is an extract from the Secretary of State's Statutory Guidance to which ALL councils with enforcement authority powers must have regard:

An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

Enforcement authorities have a duty not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.

They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings.

Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.


My emphasis.

IMO, get their policy by asking for it. Once you get it, you have the starting point for your investigation.

And note, the policy is the council's, NOT parking's. The officers employed* in this department are bound by the policy; it is not 'discretionary' whether they apply it or not.

And, as already suggested, get copies of their Annual Reports, maybe for the last 2-3 years, and see how their use of discretion has been reported.

*- which includes any contractors involved in the process of 'consideration of challenges and representations'.

Link to the Guidance:
https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#training-and-professionalism-in-civil-parking-enforcement

Note that there is a separate section on The Exercise of Discretion(which refers to on-street activities) and a clear reference to the requirement to comply with other legislative imperatives e.g. Equality Act etc, and their public law duty to act fairly and reasonably.


14
OP, row back a little.

Why did you display a BB?

Because you were parked on CLEAR DYL!

You parked on a length of street CLEARLY marked with DYL. IMO, don't start with what wasn't clear, start with what was!

As the council's photos show, I parked on clear DYL. There is no issue that my BB was displayed as required. It therefore follows that I was parked lawfully and the PCN must be cancelled. If, as appears to be the case, the council believes that this was a parking place then they would have to explain to the adjudicator why they have two contrary markings in place on the same length of road and choose which one to enforce as it suits.

I would not put money on a favourable response from the adjudicator! (this part is optional!)


15
These are sent by post as a DVD, and if they have processed the matter correctly, the enforcement process is put on hold for about 14 days. Check the PCN status to see it is no hold and a DVD is to be sent. If in  doubt phone them.

IMO, not quite.

Because the OP fired off reps before seeing the CCTV evidence and has now received a NOR, the deadlines for registering an appeal with the adjudicator still apply, they have not been halted pending delivery of the PCN. TfL might delay issuing a CC, but IMO this is a separate matter.

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