Hi all - my challenge to the PCNs I received was as per the below. It was rejected initially in what basically appears to be an automated response.
Do I have any grounds to take this to the adjudicator? If I do then I will lose the 50% discount so really need some advice on the best way to proceed.
"To whom it may concern
I wish to appeal against the penalty charges served upon me (PCN ticket KE... & PCN ticket KE...) on the grounds that the council has failed in their statutory duty to sign the temporarily suspended bay in accordance with the law.
Section 87 of the Traffic Management Act 2004 made provision for the Secretary of State to issue statutory guidance to Local Authorities in which they must have regard to when implementing and administering their traffic enforcement. It is clear from the extracts below that the Secretary of State expects Local Authorities to use clear signage in order to comply with the law.
12. Enforcement authorities should aim to increase compliance with parking
restrictions through clear, well designed, legal and enforced parking controls.
25. Unclear restrictions, or restrictions that do not comply with
regulations or with the Secretary of State’s Guidance, will confuse people and
ultimately undermine the operation and enforcement of the scheme overall.
Based on the extracts above I would like to challenge the clarity of the residents parking suspension signage that was on display on Dawsons Place on 18th and 19th March. The only suspension sign was placed at the far right hand end of the parking bay with the restriction area detailed as “OUTSIDE ENTRANCE 23 TO END OF RESIDENTS BAY <-”. My interpretation of the suspended zone was from the right hand end of the residents bay (I.e. where the signage was placed) until the outside entrance to 23. If the council had wanted to be clearer I would have suggested signage saying something to the effect of “OUTSIDE ENTRANCE 23 TO OUTSIDE ENTRANCE 21”.
The clarity of a sign should be based on the average motorists interpretation of that sign. To this end I have provided several pieces of further evidence that show other motorists parking in the suspended zone on March 19th, 20th & 21st.
Photo 1 (17.07 on 19/03/19) - showing 2 cars in contravention of the suspended zone
Photo 2 (17.44 on 20/03/19) - showing palettes in the suspended zone which were put there be the removal company to stop cars parking there as the signage was not adequate
Photo 3 (13.09 on 21/03/19) - showing a car in contravention of the suspended zone with a PCN
Photo 4 (10.20 on 22/03/19) - showing 2 cars in contravention of the suspended zone, both with PCNs
The above examples constitute evidence on every day that I passed the area after receiving the PCNs on 19th March.
The above evidence clearly demonstrates that the temporary suspension sign on display in Dawsons Place was unclear to the average motorist and based on this I ask that the council to acknowledge their signing error and cancel the penalty charges forthwith.
Yours sincerely
Desman"
Photos: