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Messages - Phantomcrusader

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1
The Flame Pit / Re: Where to find TMO for Chatham Bus Station
« on: Yesterday at 03:59:23 pm »
As the sign includes the word "local" the applicable definition trail is found in the TSRGD 2016 which is the legislation that regulates traffic signs. It is defined thus:

“local” when shown on a bus symbol, indicates that the road or the traffic lane on or near which the sign has been placed must be used only by local buses.

“local bus” a public service vehicle used for the provision of a local service not being an excursion or tour

“local service” has the meaning given in section 2 of the Transport Act 1985

Here is the TA 1985 section 2 definition

2
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN - Lewisham Layland Road SE12, Contravention 30A - Parked for longer than Permitted
« on: June 03, 2026, 02:34:40 pm »
Use the link below to search and zoom in to the location. Does the location of the parking bay match the location of the parking bay shown on the traffic order mapping system?

https://lewisham.traffweb.app/traffweb/1/TrafficOrders

3
The Flame Pit / Re: Where to find TMO for Chatham Bus Station
« on: June 01, 2026, 01:50:01 pm »
I can't find a copy online.

Email Medway to obtain a copy. Are the PCN's being issued to bus drivers for parking or moving traffic offences? 

traffic.management@medway.gov.uk or gdpr@medway.gov.uk

4
Civil penalty charge notices (Councils, TFL and so on) / Re: Oxford City Council/Oxford Direct Services, Excess Parking Notice, Gloucester Green car park
« on: April 23, 2026, 01:52:02 am »
I'd be very surprised if Oxford CC has not discussed this matter internally since they were made aware of it many years ago. Obviously they have a financial interest in denying any wrong doing. Have you CP8759 made any FOI requests from either Oxford or the communications between DfT and Oxford CC concerning this matter?

5
Civil penalty charge notices (Councils, TFL and so on) / Re: Oxford City Council/Oxford Direct Services, Excess Parking Notice, Gloucester Green car park
« on: April 22, 2026, 06:47:19 pm »
Has there been any progress with this case? Similar to Oxford, Exeter Council back in 2010 were enforcing the local hospital car park with excess/standard charge notices with threats of magistrate court despite the car park falling within a civil enforcement area. After seeking advice from a QC they realised they were in the wrong.
Council meeting minutes here.

6
Civil penalty charge notices (Councils, TFL and so on) / Re: Newcastle City Council Issued me with a farcical PCN
« on: April 04, 2026, 05:27:49 pm »
You are not clear on this so I have to ask, was one of the letters you ignored called a "Notice to Owner"? IF it was not amongst the letters you ignored/received then you can make an out of time witness statement application stating that you did not receive the Notice to Owner and try and get back to the stage where the amount owed is £50 or £70 and where you can dispute the penalty. If you did receive the Notice to Owner and ignored it, I'm afraid the best and cheapest option is to pay as soon as possible before further costs become payable.

7
Civil penalty charge notices (Councils, TFL and so on) / Re: Cycle Lane - PCN - BRENT
« on: February 09, 2026, 07:32:39 pm »
The alleged contravetion did not occur because you were not parked in a cycle track. You were parked in a cycle lane. The traffic signs manual that councils should follow confirms this.

11.1.2. Cycle facilities may take the form of cycle lanes which run along the road and form part
of the carriageway, and cycle tracks which are separate from the carriageway and meet up with
it only to cross or join it.

Luckily the PCN failes to quote contravention code 49 correctly which is

49. Parked wholly or partly on a cycle track or lane

8
Civil penalty charge notices (Councils, TFL and so on) / Re: Bristol bus lane trap
« on: January 18, 2026, 06:46:04 pm »
There is no bus lane signage in place. The only signs placed are signs conveying park & ride and lastly, a sign conveying a route restricted to certain vehicles. In this case the signs convey that the route is restricted for use by buses, pedal cycles and taxis only. Contravening this sign is, according to Govt guidance, a moving traffic contravention and not a bus lane contravention. Therefore the appropriate contravention description is Code 33 - Using a route restricted to certain vehicles. You can use the text below in your formal reps but also wait to see if others offer other angles of attack.

The Council’s website states that a bus lane is formed of a solid thick white line with the legend “Bus Lane” marked on the carriageway. None of these defining features were present and so I was not in a bus lane. Your website address stating this is provided below.

https://www.bristol.gov.uk/residents/parking/parking-fines-bus-lane-fines-and-towed-away/bus-gates

The Statutory Guidance for Local Authorities Outside London on Civil Enforcement of Bus Lane and Moving Traffic Contraventions issued by the Secretary by State for Transport does under Annex A, advise that the round blue sign is a traffic sign conveying a moving traffic contravention. The Council has wrongly accused me of a bus lane contravention. The correct description for contravening the sign is code 33 "using a route restricted to certain vehicles". As demonstrated by the aforementioned Annex A, a procedural impropriety has occurred as the wrong contravention description is stated on the PCN and for this it should be cancelled.

9
The Flame Pit / Re: Access restrictions to stop rat running
« on: January 12, 2026, 09:49:34 pm »
The DfT operational guidance which has since been withdrawn advised

10.65 Registration with the TEC can be transferred to the Sheriff’s Court in Scotland so that enforcement can be carried out against a motorist whose vehicle is registered at an address in Scotland. However, registration against a motorist whose vehicle is registered at an address in the Isle of Man, the Channel Islands or a foreign country cannot be enforced.

I don’t believe this has changed. Therefore it’s surprising that courier companies and many other companies don’t take advantage of this to avoid paying PCN’s. Most councils write off PCN’s issued to vehicles registered to a Scottish or Northern Ireland address because the costs and admin involved to transfer debt registration to their court system is too timely and costly that it's not worth it.

10
The Flame Pit / Re: Do normal road laws apply on a closed road
« on: January 12, 2026, 09:00:14 pm »
Road closures are generally brought about by the local council making a temporary traffic regulation order (TTRO) or temporary traffic regulation notice (TTRN). Some info is provided here.

A road closure TTRO or TTRN does not usually suspend any speed or parking regulation orders and therefore they remain in effect despite the road closure.

If the TTRO or TTRN prohibits driving (accessing) or parking on the closed road, it is an offence to do so under s.16(1) RTRA 1984. How the offence is enforced depends on the offence. Driving is likely to be enforceable by the Police and parking by the local council. The Police may consider  ignoring the road closed sign as careless and inconsiderate driving which is an offence under s.3 Road Traffic Act 1988 (especially if road workmen are inconvenienced or endangered).

11
Civil penalty charge notices (Councils, TFL and so on) / Re: Winchester, Reg 10 Drive-Away PCN – Contravention 73, Cossack Ln Car Park
« on: January 10, 2026, 12:58:44 am »
Whatever you choose to write in your challenge, I suggest you include the following paragraph.

I also put it to the Council that there was no parking device in the car park that satsified the definition of  "parking device" as described under section 35(3B)of the Road Traffic Reguation Act 1984. Ringo is not a "parking device" when it fails to connect to a device. If a ticket machine is out of order it is expected to be covered over and clearly publicly noticed as such and no parking penalty is imposed. Consequently, if a internet connection is out of order or unconnectable this should be made public and not be automatically assumed to be the fault of the customer. If you search your Ringo records you will find that they have admitted their service does at times fail. On this occassion it failed and I am not at fault. If you disagree, please provide me with all email notifications from Ringo in the last 12 months so that I can prepare for my defence at adjudication. If necessary, please consider this request as a formal Freedom of Information request under the Freedom of Information Act 2000.

12
Civil penalty charge notices (Councils, TFL and so on) / Re: Bolton, parked on a taxi rank, Churchgate, no white or yellow line markings
« on: January 09, 2026, 09:37:08 pm »
Quote from: SteveinBolton on January 09, 2026, 04:42:52 pm

Many thanks for that, it's an option I could try if I manage to get back on to the Bolton Council appeals website. I'll check on Monday.
If the website does not currently let you make formal representations, take screen shots of this failure because it may be another nail in their coffin.

13
Civil penalty charge notices (Councils, TFL and so on) / Re: Bolton, parked on a taxi rank, Churchgate, no white or yellow line markings
« on: January 09, 2026, 09:13:13 pm »
In my experience no Council will ever hold their hands up and admit they got something wrong.You have to bear in mind that the people who read your appeal are just pen pushers and not very knowledgeable. For example. They cannot even get the contravention description correct. It should read as "waiting on a taxi rank" for code 45. See the Govt guidance they are obliged to follow. "Parking on a taxi rank" is outdated and no longer the correct wording.This is another angle and I've added it to what I previously wrote. If I am wrong in my posts, others on here would say so.

14
Civil penalty charge notices (Councils, TFL and so on) / Re: Bolton, parked on a taxi rank, Churchgate, no white or yellow line markings
« on: January 09, 2026, 04:23:58 pm »
The restricted zone entry sign is not prescribed as the lower panel contains the word ”taxis”. See Part 4 in the regs where there is no mention of the word”taxis”. Also, the small yellow sign near to where you parked is not prescribed for use in a restricted zone since it also contains the word”taxis”. See Part 3 item 4 in the regs where “taxis” is not a permitted variant.

In summary, your challenge is

There was nothing about the feature of the carriageway, whether by marked lines or a change in surface colour/texture to bring to my attention that the location was a taxi rank and after researching it has come to my attention that the “taxis” element on the lower panel of the restricted zone entry sign is not prescribed under Schedule 5, Part 4 of the TSRGD 2016 and that the use of the word “taxis” on the upright yellow sign near to where I parked, is not prescribed under Schedule 4, Part 3 Item 4. Therefore the Council has placed unlawful signage. Had the Council followed the law and signed the taxi rank in accordance with the TSRGD 2016 the contravention could have been avoided. The statutory guidance issued by the secretary of state instructs the following:

"Authorities should not issue PCNs when traffic signs or road markings are incorrect, missing or not in accordance with the TRO. These circumstances may make the order unenforceable. If a representation against a PCN shows that a traffic sign or road marking was defective, the authority should accept the representation because the adjudicator is likely to uphold any appeal."
Therefore, as I have demonstrated the taxi rank signage is not prescribed and correct, I trust the Council will have regard to the guidance as it is duty bound to do and cancel the penalty charge.

Furthermore, the contravention description of “Parked on a taxi rank” is no longer prescribed. The correct wording in the circumstances relating to this PCN is “waiting on a taxi rank” as prescribed by the statutory guidance issued by the secretary of state under Annex B: Contravention codes for civil parking enforcement, England-wide. By failing to adhere to the guidance the Council has once again shown disregard and committed a procedural impropriety requiring the penalty to be cancelled.

15
Civil penalty charge notices (Councils, TFL and so on) / Re: Bristol - Code 34J - Being in a Bus Lane
« on: January 01, 2026, 12:08:03 am »
The Council at this stage won't admit any wrong doing. It's only at adjudication that you can expect an indepedent view. If you get the opportunity to pay the discount, take it unless you can afford to pay the full amount. In my opinion you have nothing to pay based on my argument should it go to adjudication but this is no guarantee. Councils know that most people would rather pay the discount than risk paying the full amount. You must act as you can afford should you lose.

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