I am seeking advice regarding a parking ticket matter that has now progressed to a court claim.
The original ticket was issued on a street where parking is restricted on one side only, with signage posted on that side. There was no clear indication that the restriction applied to both sides of the street. I parked on the opposite side of the road, where there was no visible sign prohibiting parking, also to mention, I was not the only one doing that. Despite this, I received a parking ticket.
After receiving a claim form, I submitted a response. I have now received further correspondence from the Claimant’s solicitors stating that they have filed a Directions Questionnaire with the Court and intend to proceed with the claim. They have indicated willingness to mediate and are asking whether I agree to mediation. They have also asked whether I am willing to accept service of further documents by email.
Additionally, they have provided an evidence pack.
I am unsure how to proceed at this stage and would appreciate your advice on the following:
Whether I should agree to mediation.
Whether accepting service by email is advisable.
The strength of my position given the signage situation.
What steps I should take next to protect my position.
Thank you in advance for your assistance.
Kind regards,
https://postimg.cc/gallery/BJJZ7WsMy response was:
I wish to challenge the above PCN on the basis that the alleged contravention did not occur.
I parked on the opposite side of the road to where signage indicating a restriction was present. On the side where my vehicle was parked, there were no road markings and no upright signs indicating that parking was prohibited.
Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, a traffic authority has a duty to ensure that the effect of a traffic order is adequately conveyed to road users.
Further, under the Traffic Signs Regulations and General Directions 2016, restrictions must be indicated by prescribed signs and/or road markings.
As there were no signs or markings on the side where I parked, the restriction was not adequately conveyed. A motorist cannot reasonably be expected to infer that a restriction applies where it is not clearly indicated.
In the circumstances, the alleged contravention did not occur and I request that the PCN be cancelled.
So after this I received N180 form with pictures and previous parking notices
