hi
first post here and a bit dazzed to what has happened or more to the point "can they do that"

so yesterday Sunday 16/06/2013 i parked my car in a normal road out of town area and was presented with a ticket as follows


PCN Number: IW3*****80
Served on the 16/06/2013
By Civil Enforcement Officer: (CEO) 35
Who had reason to believe the the following contravention had occurred and a penalty charge is now payable
Parked or loading/unloading in a restricted street where waiting and loading restrictions are in force (02)

Date of Contravention: 16/06/2013 Time: 14:36
Location: Cynthia Grove

blah blah i think you may have seen enough of these

so like i say this is a normal street and ive not parked on any yellow lines and parked here many times before with no issues however it seems the local council
threw up some what look like home made temporary signs cable tied to the lamp post
the only thing i can put this down to was the local isle of wight festival being on but can they really do this and get away with it
i have some pictures i can upload later if needed

hope i can get some help on this as i feel im being a bit cheated here

thanks

We will need to see the pics please including a pic of the front and back of the PCN (all the small print please).

As well as posting up the PCN, please post a photo of the temporary suspension sign - either taken by you if the sign is still up, or taken from the council website assuming they post photos to support the PCN. All temporary parking suspension signs must be authorised by the DfT so something handwritten/cobbled together almost certainly will not be. Here is the link to search for what signs, if any, have been approved by the DfT.

http://www.dft.gov.uk/traffic-auths/?searc...king+suspension

Just had a look myself and here's the result:

http://www.dft.gov.uk/traffic-auths/?search=isle+of+wight

I can't see anything that resembles a temporary parking suspension auth. There is one to prohibit verge/footway parking but you did not say you were parked on the footway at all, just on the carriageway as per usual I assume?

If this all checks out, then you make an informal challenge within 14 days saying that there was no authorised signage in place that prohibited parking and/or loading. Is the road usually subject to any parking restriction?

Thanks for the replys guys.

I spoke to a random PCN worker and he said "it was in force due to the isle of wight festival" he then tried to describe the sign to me that was erected by a new island company "island roads" but he got it all wrong
I then said to him "there must be regulations that have to be followed and the council cant just go around putting up temporary signs without prior notice to the public".
He then said "that they have all be passed and in meetings and the local council can do it where they like".

ok here are the pictures first up the the ticket:
pictures removed by poster ill re upload again later

No the local council can't do it where they like nor can they do anything they want to where they like, at least so far as parking restrictions are concerned. They do have to apply to the Dept for Transport for authorisation of temporary parking suspension signs and it appears they haven't. I don't believe they have to give prior warning but they do have to put up properly authorised signs.

Have you asked whether pictures of the alleged contravention will be posted on-line? Either way, the council's case is thin. You say you saw no signs and they can't produce evidence they were there. Even if they can, an unauthorised sign is not legal, whether the IoW festival was on or not and irrespective of which contractor or agent drew it with his felt-tip!

BTW, it's good practice to hide your car reg. no. and PCN number. If a council apparatchik is reading this forum they will know your thinking and the advice you have received which could be used against you in an appeal.

here is google maps link to see the road on a normal day:
https://maps.google.co.uk/maps?hl=en&ll...,34.72,,0,20.18

how many pictures do you see above im sure some are not working?

also they had 3 cable tied what looked like home made signs attached to lamp posts, im going over again tonight ill take more pictures of the signs if they are still attached

also is there any certain way i need to write my appeal letter and if so what do i write in it

thanks for the help

here is one of the temp signs

And then you posted a pic which has wall-to-wall double yellow lines!

?

no im easy 4 foot away from the start of the yellow lines i think you may have misunderstood what i said and i need to re-upload the pictures please check later

This is a joke. That sign means "Clearway - no stopping". Given that Cynthia Grove is a cul-de-sac I would like to see how the council would explain in front of an adjudicator that vehicles should not stop! It does not mean "waiting and loading restrictions are in force" and does not have effect as a temporary parking restriction. You might like to request from the council the TMO that authorised the erection of those signs. I would be very surprised if it exists.

Suggest you write your challenge along the following lines, but personalise to your situation:

I refer to PCN XXXXXX. I wish to make an informal challenge against this PCN and am doing this within the 14 day discount period. Please confirm that if this challenge is rejected you will re-offer the discount for a further 14 day period.

The alleged contravention stated on the PCN is "Parked or loading/unloading in a restricted street where waiting and loading restrictions are in force (02)". I accept that part of Cynthia Grove has double yellow lines. However my car was not parked on these lines at the time specified on the PCN. The part of the road where my car was parked was and is free of restrictions. [Make reference to council photos if any].

On [date] I telephoned your parking department to enquire the reason for the issue of the PCN. I was told that temporary parking restrictions were in place at the relevant time owing to the Isle of Wight Festival. I must inform you that there were no temporary parking restriction signs evident at the time of the alleged offence. Moreover, you will be aware that temporary parking restriction signs must be authorised by the Department for Transport and having checked their website it appears that no such authorisation to IoWCC has been granted. If you disagree, please supply photos of the signage in place and evidence of its authorisation by DfT.

I was informed by your employee that the temporary restriction signs [erected by Island Roads - who they?] took the form of "Clearway - No stopping signs" [is this true? Whose is the photo?] being crossed red diagonal lines on a circular blue background with a red border. Given that Cynthia Grove is a cul-de-sac this is clearly a nonsense. What are cars supposed to do when they reach the end, other than stop? In any case, a Clearway sign is palpably NOT the same as a no waiting/loading sign. If you believe that it is, and that it was validly erected, please supply me with the Traffic Management Order that supports this.

I seek cancellation of this PCN on the grounds that the alleged offence is not supported by the signage that was supposedly in place at the relevant time; that such signage was not authorised by the Department for Transport as a temporary parking suspension and/or that it was not supported by a relevant TMO. Please understand that I am fully prepared to take this matter to adjudication if either this challenge or a subsequent appeal against NTO is turned down. I will be intrigued to see what the adjudicator makes of a Clearway sign erected in a cul-de-sac [you can drop this bit if you think too flippant]

sorry its been a few days just wanted to let you know that the letter has been hand delivered they said it could be a few weeks before i hear from them
thanks for your help and ill post back once i hear the outcome

victory
thank you very much Chaseman for your letter it has worked a treat
i feel sorry for all the other people who have been effected by the exact same problem it seems the council have made a fortune out of miss use of powers
anyway see below for a picture of the letter and once again a big thank you

Nice result and I suspect they had nowhere to go, no wriggle room when they got that letter of challenge! It would be interesting to ask for a copy of the temporary Order(s) that applied during the Isle of Wight Festival just to see what they actually did say.

how would i go about asking for a copy of the temporary orders if you can let me know ill request them

Just e-mail them for copies in pdf. I would also ask them under freedom of information how many other PCNs have been issued for the same "contravention", how much revenue etc and alert the press. Well done.