PCN Cheshire East Code 1 Single Yellow Options

[Brokenwire]

Got this ticket today. I was parked in a cul de sac with parking bays and a single yellow in front of a closed down shop.
There has never been any restrictions placed on the single yellow, as it was there to allow you to use the shops in the parade.

Ticket is labelled for the wrong street, other side of the junction, but I guess this is of little use.

The signage stating that you are entering a controlled zone is very hard to find and I have driven past it several times without seeing it as it is immediately under a very low railway bridge. More important signage is in front of the bridge and this is where the control zone sign should also be.

There are no signs on the posts within 200m stating restriction or waiting times. The control zone entr sign simply has Mon-Sat 8-6. I was parked this afternoon for 20 minutes whilst at the doctors nearby.

Any advice on appealing this very welcome. I feel that as no signs about restrictions are posted, the street is incorrect and the entrance sign is difficlut to see, I have grounds to appeal.

Happy to pay the 35 if I am wrong but I do believe the details are wrong.

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[cp8759]

You must make the argument to the tribunal that this road has clearly been named Gas Road, in particular you must get across that:

1) As recently as February 2019 the council made the Cheshire East Borough Council (Off Street Parking Places)(Consolidated) Order 2015 (Variation No. 5) Order 2019 which still refers to this road as Gas Road

2) If the council has changed the name of the street, it should have no difficulty in producing a copy of the order duly made under section 18 of the Public Health Act 1925

You should also make the point that if the council cannot evidence that the name of the road has changed, then its unsubstantiated assumption that the name of the road has changed means that your representations were not considered properly, and this is a procedural impropriety.

If you can I still suggest you share the council's evidence so we can draft a structured appeal for you, but you've not told us how much time is left?

[Brokenwire]

I’ll try and post the councils info tomorrow. According to the tribunal website it is waiting for a decision to be made by them now. I had an email saying I only had 7/days for the date of the council posting their evidence, so,I tried to upload what I could.

[cp8759]

I’ll try and post the councils info tomorrow. According to the tribunal website it is waiting for a decision to be made by them now.

Then make the points I've reiterated above tonight, you don't know that an adjudicator isn't going to pick up the case tomorrow morning.

[Brokenwire]

Just posted all that on the Tribunal as the case is still pending, thanks.

[cp8759]

Page 11 of the Cheshire East Borough Council (Off Street Parking Places)(Consolidated) Order 2015 (Variation No. 5) Order 2019 here https://tro.trafficpenaltytribunal.gov.uk/T...-Order-2019.pdf makes reference to Gas Road, have you included this?

Better still, show us what you've sent.

[Brokenwire]

This is a reply from the adjudicator.

"I have looked at all the evidence in this appeal and note the Ordnance survey map produced in evidence is dated 2012. Please could the council obtain a more recent map, one that indicates both Waters Green and Gas Road. If the council has it please could they also produce a TRO map that show Gas Road."

[Brokenwire]

Tribunal result.. WIN!

Ruling from the Tribunal very much in favour. CEC asked to provide more up to date maps than 2012 to back up their claim.
They submitted a 2008 map then.
Eventually provided a 2018 map


quote below from ruling.

“XX accepts he had parked his vehicle when the PCN was issued but he appeals in two respects, firstly because he believes he had parked in Gas Road and not Waters Green, the location recorded on the PCN and secondly because he considers the signage of the restriction is inadequate and in both respects he considers the contravention did not occur. Following representations to the council that were rejected, the council wrote amongst other things,
“ For information, an area called Gas Road did previously exist on the other side of the Silk Road (A523) but today, Gas Road is not an official street name.”
In support of their representations the council provided an Ordnance Survey map dated 2012 that does appear to indicate xx had parked in Waters Green but in response xx provided maps from Google and Go Outdoors, a Traffic Regulation Order dated 2015 and other ancillary information to suggest he had in fact parked on Gas Road such that today I asked the council to provide an updated Ordnance Survey map and any maps contained in a Traffic Regulation Order relating to Gas Road and this the council did. The Ordnance Survey map produced today is dated October 2018 and details existing and proposed parking restrictions in Waters Green and Gas Road and having considered these maps, despite some conflicting evidence in addresses of premises in the area, it is my view xx had parked in Gas Road and not Waters Green. Accordingly where the PCN has not specified the location correctly I do not find the contravention proved and I allow the appeal.”

It’s interesting to see that they were forced to produce a map, which they have on file and could have referred to in the first instance and have wasted all this time.
Secondly it seems that they are trying to reduce all the one hour on street parking bays down to 30 minutes which will make them all but useless to town centre users.

Thanks for all the advice.



Map here from the council.

Attached thumbnail(s)

 

[cp8759]

Very well done, I think the council was just winging it in the hope that you'd give up and pay. This is also confirms that in legal disputes, Ordnance Survey maps are treated as authoritative, and rightly so.

This post has been edited by cp8759: Sun, 15 Dec 2019 - 00:30