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« Last post by tamer316 on September 03, 2026, 09:11:29 pm »
Here is an updated draft response based on the suggestions by tincombe, let me know if you have any more suggestions, thank you
Dear Parking Enforcement Team,
I am writing to make formal representations against the issuance of the above Penalty Charge Notice (PCN).
The alleged contravention occurred on Sunday 26th July. The bay in question is situated within a Controlled Parking Zone (CPZ) and surrounded by general parking restrictions that explicitly operate Monday to Friday only. In the absence of any localized signage to the contrary, a reasonable motorist would naturally conclude that parking restrictions do not apply on a Sunday.
While the roadway features a "Car Club Only" marking, the council’s own photographic evidence conclusively demonstrates that the mandatory accompanying upright sign is entirely absent. The council’s photos clearly document an empty upright socket/post where the restriction plate should be.
The council's position stated during the informal challenge—that road markings alone are sufficient to enforce a "Car Club Only" permit bay—is a material misdirection in law for the following reasons:
Failure of Statutory Duty to Sign:
Under Regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, a local authority is under a strict statutory duty to place and maintain traffic signs that provide adequate information as to the effect of an order. A bare, empty socket provides zero information to a motorist.
Mandatory Co-Dependence:
Under the Traffic Signs Regulations and General Directions (TSRGD) 2016 (Schedule 7, Part 4, Diagram 1028.4), a specialized permit bay relies on a co-dependent relationship with an upright sign face to legally communicate a restriction.
Misapplication of TSM Guidance:
The council cannot rely on Paragraph 13.6.5 of Chapter 3 of the Traffic Signs Manual (TSM) to omit the sign. Paragraph 13.6.5 only applies to basic, self-explanatory restrictions. As a permit-holder bay governed by Schedule 4 of the TSRGD, this location is strictly bound by Paragraph 13.9.1 of TSM Chapter 3, which explicitly mandates that the upright sign is the mechanism required to indicate a permit restriction.Without the physical upright plate, a motorist has no way of knowing the operational hours of the bay, nor which specific Car Club operator permits are valid.
Because the mandatory physical sign panel was missing at the time of the alleged contravention, the restriction was completely invalid and legally unenforceable.
Should the council choose to reject these formal representations despite its own photographic evidence of a missing sign, I will have no hesitation in escalating this matter to the London Tribunals independent adjudicator. In that event, I will also make a formal application for costs on the grounds of vexatious and wholly unreasonable conduct by the authority.
Please confirm the cancellation of this PCN at your earliest convenience.