How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have a PCN issued controlled zone where one of the

Resolved Question:

I have a PCN issued for a controlled zone where one of the signs is outside the marked area of the bay in an area with its own separate and contradictory parking instruction and from some parts of the bay both signs are entirely obstructed by walls of permanent structures and cannot be seen making it entirely possible to park and walk away without realising you are in a controlled zone, is this PCN legally enforceable?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Hello when was the PCN issued?
Customer: replied 9 months ago.
04/10/15, I have challenged the same council in writing over a previous PCN and they took no further enforcement action on that occasion so I think they know its not legit, but I didn't challenge this one in time so it went to Northampton court, I wrote to them explaining my position but they wrote back saying the TE9 (I think) was not admissible and obviously judgement went in the councils favour.
Expert:  Jo C. replied 9 months ago.
Who is the issuer of this PCN?
Customer: replied 9 months ago.
Scarborough Borough Council.
Expert:  Jo C. replied 9 months ago.
Are there controlled parking zone signs upon the approaches?
Customer: replied 9 months ago.
Its on street parking, I suppose you could say there is signage upon the approaches, as in there are signs fixed to a wall along side the parking bay but they are both on surfaces subservient to the main wall and a driver may well see a space and park, disembark the vehicle, look both directions and be unable to see either sign, as I read the traffic signs manual Chapter 3, section 7.49 states "where conspicuity is not compromised, signs may be mounted on posts walls or railings" my point is in this case conspicuity is definitely compromised. It should not be the responsibility of any driver to scan posts, walls and railings whilst driving, this in itself is dangerous, my argument will be that a driver should be able to park, then be able to see in a clear and unambiguous fashion signage informing of how long free parking there is, not one sign on a wall saying one thing then a painted instruction on the floor saying another.
Expert:  Jo C. replied 9 months ago.
If this is a CPZ area then the only obligation is to place signs upon the approaches that are clear and visible.You can always appeal. Anything can happen with these things. The council may fail to submit their case. That does happen surprisingly often. If it works out then that is great.If everything is as it should be though then signs upon the approaches are adequate.You can always try to challenge it on the basis that the instructions were contradictory but quite often it is not entirely accurate to say that they are contradictions.If your basic point is that there were not signs on every street of the CPZ then that is not a challenge I'm afraid.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
It is not a CPZ like the ones you find in London for example where there is a sign at the end of each street displaying the zone number and restriction details, it is a short, maybe 10 cars length bay with kerbside parking and no other signage apart from the badly positioned and ambiguous signage, my feeling is it should not be possible to park in such a small zone at any position and be unable to see the signs and its catching dozens of unsuspecting motorists out. I guess I should have realised that there is not an answer to this question, I will just have to prepare my case thoroughly. Thank you for trying at least to provide an answer.
Expert:  Jo C. replied 9 months ago.
Yes, I understand.I must admit that I have always though CPZs are very unfair as well. But the law is the law and Adjudicators will enforce them.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice