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: 71159
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I have a PCN issued controlled zone where one of the

This answer was rated:

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?
Hello when was the PCN issued?
Customer: replied 2 years 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.
Who is the issuer of this PCN?
Customer: replied 2 years ago.
Scarborough Borough Council.
Are there controlled parking zone signs upon the approaches?
Customer: replied 2 years 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.
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 2 years 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.
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. and 2 other Law Specialists are ready to help you