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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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I parked my car outside a primary school in the London Borough

Customer Question

I parked my car outside a primary school in the London Borough of Hackney after the prohibited hours but this was on a CPZ road; I appealed stating that my car was parked after 4:30pm; the prohibited times are Mon-Fri 8am-9:30am and 2:30-4:30pm. The council wrote back to me stating that the school markings are governed by the CPZ hours and that they do not require by law to put the CPZ hours on the same panel as the No Stopping sign outside the school. Rather it is the driver’s obligation to check the CPZ signage when entering the street.
What really confuses me is that I frequently go to Edgware (in the London borough of Barnet) and I park my car on a single yellow line in a CPZ street during the operational hours of the CPZ and I never get a ticket. The CPZ for the street is Mon-Fri 10am-11am and the yellow line restriction applies Mon-Fri 1pm-2pm. As I say, I park regularly during 10am-11pm and never get a ticket. What exactly is going on here and how is one supposed to know if councils act differently or change the law accordingly.

Please could you shed some light on the matter and advise me if there are any grounds of having this ticket revoked?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Have I got this right? The CPZ is only active between 10am - 11am?
Customer: replied 3 years ago.

If you are reffering to Barnet the answer is YES. I'm there almost every week. The strange thing is a year or so ago, outside the school in Hackney, where I got the ticket recently, wardens were giving tickets to people parked in the resident permit bays on a Sunday after 12 noon since retriction applies on Sundays and public holidays when there are football matches at the Emirates stadium and i noticed that i didn't get a ticket. When i asked the warden, he said he couldnt book me because the NO STOPPING outside the school applied Mon-Fri!!!

Expert:  Jo C. replied 3 years ago.
Sorry, I see what you mean.

What are the hours of operation of the CPZ at the location in question?
Customer: replied 3 years ago.

Clissold Road N16 8:30am-5:30pm Mon - Fri, On match days 8:30am-8:30pm Sat-Sun & Public holidays 12 noon - 4:30pm

Expert:  Jo C. replied 3 years ago.
Are there clear signs upon the approaches to the CPZ?
Customer: replied 3 years ago.

Yes, when entering clissold road.

Expert:  Jo C. replied 3 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but thats a problem Im afraid.

Your point is absolutely right. The Councils are entirely inconsistent and their enforcement officers are even worse. Sadly, that does not amount to a defence.

CPZs are unfair in my view. All the law requires them to do is erect signs upon the approaches to the CPZ. If those signs are present and clear then it is enforceable.

The fact that the CPZ in another borough is wildly different or even that they don't always enforce in this zone is no defence. Its not even a discretionary ground to cancel.

If there were signs outside the school advertising different prohibitions then you could always challenge this on the basis that there was genuine confusion. I have to say that could go either way depending on the Adjudicator that you get.

You can also ask the Council for sight of the Traffic Management Order to confirm their authority to enforce the CPZ at this location. Sometimes they do not.

Also, the practical reality is that local councils often fail to attend or prepare for the Adjudication hearing so you might win just upon their inefficiency.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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