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Let us know when you get a response from Harrow, if they reject one of us will represent you.
Hi CP, yes representation has gone and I edited it to fit the character limit - that's the copy I pasted in a previous message on this thread and focuses on the primary defence so it's now over to Harrow to can it or reject - and if they reject presumably I can appeal and then put in the supplementary defences if Harrow's rejection is compelling? I can't see how this is going to be worth their while to pursue but stranger things have happened.you were parked on the Broadway not Uxbridge rdThe traffic order described it as "The service road on the south side of Uxbridge Road, fronted by Nos. 339 to 523 Uxbridge Road", to borrow a phrase from Mr Teper, is that not good enough?
The schedule then says that there is a maximum of 15 spaces, so if the council then goes and paints 15 parking spaces in that parking place, it's hard to say they've done anything wrong as far as creating the bays & the restrictions.
The problem for the council is that the PCN doesn't say "The service road on the south side of Uxbridge Road", it just says "Uxbridge Road", so the contravention alleged on the face of the PCN did not occur.
Aside from that, the strongest point is likely to be that the council won't put in adequate evidence that it has properly communicated the requirement to park within an individual space, this is very much dependant on this photo not being included in any representations (I have seen cases before where the best photos of the signage are those submitted by the motorist, we really want to avoid that).
Have you already sent the representations? It's not the end of the world if you have, but if not we can refine them a little. There is no 1000 character limit as you can just put the representation in a PDF and upload it as an attachment.
..Sorry, I missed your earlier comment.....What conditions on what sign and where is this sign?
There is small print on the sign, conditions of use 2c says you get a PCN if you park outside the bay markings, but makes no provision for when the markings aren't visible.
So will the appeal be based on the offence not occurring because the bay markings were not visible, or should I word it differently?
Do not ignore that markings are extremely faded and there are no overt signs saying park in marked bays nor does the traffic order require in any meaningful sense.
There aren't any ticket machines to photograph. They've all been taken out and now it's PayByPhone only.
In that case I stick with my thoughts
There are no signs advising the motorist to park within marked bays
The requirement within the traffic order cannot be complied with without appropriate ticket machines, ie parking meters, you cannot park in a bay relative to a payment machine if payment machines do not exist.
Yep wrong location, not a sure fired winner with all adjudicators as location is not a statutory requirement but most adjudicators agree that as the PCN states the CEO has reason to believe you commit a contravention at a location you must at least be at that place
Please post a google street view link to the exact spot, i would venture either wrong location or vague location could be in play
Looks like here?
https://www.google.co.uk/maps/@51.6075811,-0.3743394,3a,75y,140.5h,83.85t/data=!3m6!1e1!3m4!1sR8g-ob8Rg-0X-nuwZDsZoQ!2e0!7i16384!8i8192?entry=ttu
And that Op parked across two marked bays.
Though markings are not exactly jumping out at you.
Sign just up the road doesn't specify marked bays.
Once again I have to wonder what the traffic order says?