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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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Good afternoon, I have been issued with a PCN for parking in

Resolved Question:

Good afternoon, I have been issued with a PCN for parking in a road with no markings but sign at the beginning of the road stating "permit holders parking only past this point" and after that small repeater sign stating permit holders only on the lamppost approx. 80 yards apart I only came to know after I have been issued with ticket as they cannot easily be seen from the midpoint where I have parked. the photograph the council has provided also shows this. The surrounding roads have the usual bays and signs so I was taken by surprise by the unusual method used. I have appealed and it has been turned down and NTO has been served, could you please advise if there are any grounds I can appeal again,

my e-mail: *****@******.***
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Is this a controlled parking zone?
Customer: replied 3 years ago.
Yes , the road looks and feels like any other street, only thing that has changed is the 2 signs at the entrance of road which shows: permit holders parking only past this point, there after small repeater signs on each street lamp showing :permit holders only. I have parked on this road in the past and did not see the signs as there were no change or visible road marking in any part of the road. It had not cross my mind that I was parking in a restricted road space. The pictures taken of my vehicle do not show any signs or bay marking in the near vicinity . I just feel this is a unjust punishment as there were bare minimum of information for me consider that I'm parking illegally. I hope that's helpful- Abdul
Expert:  Jo C. replied 3 years ago.
Thanks.

You can always further appeal. It is a factual test ultimately. Sometimes you do win these things because councils just don't defend them properly.

However, proceeding on the basis that the council do prepare properly, if this is a controlled parking zone then there is no need for any further signing than the signs upon entry. A number of cases have considered this issue and they have always failed to bring any meaningful challenge. The courts have always held that if there are signs indicating the prohibition upon the approaches then that is sufficient unless there is a confusing sign at the specific location.

That is always supposing this is a controlled parking zone with clear signs upon entry though rather than just a badly signed prohibition. If its the latter then that would be a defence.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo


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Customer: replied 3 years ago.
Thanks for the answer but that was not what I was hopping for, with respect your answer has no benefit to me.
Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/