We parked on a road that we often park on in Torbay between 18:30 - 22:45 on Sat 22nd June 2019. We didn't notice the parking suspension signs as one was 46 meters away and the other 30 meters away, hidden by a bush unless stood right in front of it! The suspension came into effect from 20:00 until 12:00 noon the following day due to a Marathon. We were ticketed, along with many other cars in the road at 20:12!

Please can somebody advise if we have good grounds for appeal and if so, the necessary points to make.

I have more photos if that would help. Thanks in advance.

Post PCN and council pics and any of your pics.

Put pics on https://imgbb.com or such like.

Also give a google street view link.

https://ibb.co/ZNFYs5f
https://ibb.co/s9B8QHL
https://ibb.co/8rPhNWD

Here's the Google Map reference.

https://www.google.com/maps/place/Morin+Rd,...33;4d-3.5590618

The road seems totally unrestricted with no parking bays, just some white lines by driveway entrances. In cases like this, the council cannot just put up "no parking" signs, they have to have a temporary traffic regulation order to make the road "no parking" for the required period. Having done this, they must then put out signs giving effect to the Order such that are sufficient to advise a reasonably diligent motorist that parking is restricted.

The council's problem is that with no parking bays, there are no parking signs, so they have to hang the signs on whatever is there, and if this is not sufficient, mark things out in other ways and put up temporary poles with the signs. They will argue what they did was sufficient, you have to shoot this down. In the end, if they prove intransigent, you would have to take them to adjudication, and risk the full PCN penalty, the discount is lost at this stage of the process. However wait a bit to see what the others say, but DON'T miss any deadlines. Informal reps need to be in before the 14 day discount period is up to protect the discount option.

Looks to me like they have used the wrong regulations to effect the suspension They should have made an order under s14 of the RTRA 1984 to create a temporary restriction and the correct code would then be 01 the cannot suspend a bay or a parking place that does not exist.

They also give you the wrong date for the 14 and 28 day period adding a day

+1
It would be a s16 Order because of the marathon and the contravention code would be different.
http://www.legislation.gov.uk/ukpga/1984/27/section/16A

Mick

Thank you for the replies. Does anybody know what the distance between the signs should have been?

With respect, it doesn't matter and I'm not sure you've understood the replies (which is fair enough - it's all fairly technical). The contravention code is wrong and the PCN couldn't be enforced even if you were parked right in front of the sign. Here's what you should send:

---------

Dear Sir or Madam,

The alleged contravention did not occur. I was not parked in any sort of bay or space, there are in fact no parking bays or spaces on Moring Road so no such bays or spaces could possibly be suspended. In the circumstances, the council should have made a Temporary Traffic Regulation Order under section 16 of the Road Traffic Regulation Act 1984 (which caters for parking to be prohibited in the case of events such as a marathon), but of course if such an order had been made the contravention code would have been 02 - Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force .

I would also note that the deadlines for payment given on the PCN was wrong, for a PCN served on 22 June the relevant deadlines would be 5th July and 19th July; while the council can of course exercise discretion to extend the deadline at the representations stage, the deadlines given on the PCN should reflect the statutory deadlines imposed by Parliament and failure to do so constitutes a procedural impropriety.

In light of the above, you may want to advise your colleagues in the highways department to use a TTRO the next time an event of this nature takes place, but in the meantime please confirm cancellation of this PCN.

Thank you so much. This is the first time we've been ticketed and as you say, everything is very technical so your help is greatly appreciated. Many thanks for taking the time and trouble to help us out.