Guys,
Thanks for creating this thread; I've been stung by the same completely unjust parking fine in a converted "m/c permits only" bay with absolutely no signage. I used to be a resident of K&C and parked in this bay several times. Now I'm a resident in Westminster (and just forked out my £150 for a permit there the day before receiving this PCN - though at least Westminster put up adequate signage and handed out leaflets for weeks before) and being completely unaware the new road markings and seeing no sign, was absolutely astonished to find a ticket on my bike when I returned.
It is absurd, and seemingly an attempt to mislead the motorcyclist in order to collect revenues, not put up a sign when a bay changes from no restriction to a restriction punishable with cash penalties. Why would I even think of checking the road markings where I see other motorcycles parking and notice the m/c; it goes against 8 years of acquired experience of parking in the area. Surely the local authority would be obliged to make me aware of changes to the restictions by more visible means - this is what signs are for! I know of no other parking restriction for any other vehicle where is sign is not obligatory!
If for some subtlety, a sign happens not to be necessary, as implied earlier in the thread, I believe there are still grounds to fight this case. Signs may not have been obligatory for free motorcycle bays, but there is an obvious asymmetry between not properly signposting a lack of restriction to signposting a restriction punishable by fines.
Additionally, I have found a link elsewhere on the internet to other cases of appeals against PCNs due to inadequate signage:
(Site won't let me post link until I have 5 posts, but can email it if people are interested)
I Quote:
The procedure to be followed by local authorities in signing restrictions is set out in
The Local Authorities’ Traffic Orders (Procedure) (England & Wales) Regulations
1996 (SI 1996 No.2489) (“the 1996 Regulations”). Regulation 18(1) provides:
“Where an order relating to a road has been made, the order making authority
shall take such steps as are necessary to secure:
(a) before the order comes into force, the placing on or near the road of such
traffic signs in such positions as the order making authority may consider
requisite for securing that adequate information as to the effect of the order is
made available to persons using the road;
(b) the maintenance of such signs for as long as the order remains in force.”
The obligation under Regulation 18(1) of the 1996 Regulations goes further than
merely placing the minimum signs required by the Regulations of 1994. Adequate
information must be made available to the motorist in the particular circumstances of
each location.
Furthermore in exercising any of its functions under the statutory scheme, an authority
must not only comply with the letter of the regulations : it also has a duty to act fairly.
Following R -v- The Secretary of State for the Home Department ex parte Doody
[1994] 1 AC 531 at 560, per Lord Mustill : “Where an Act of Parliament confers an
administrative power there is a presumption that it will be exercised in a manner
which is fair in all the circumstances.
The Council’s duty in respect of traffic signs was considered by the Adjudicator in the
case of Burnett -v- Buckinghamshire County Council (Parking Appeals Service
Case No.HIW0003). He confirmed that any regulation of parking by a local authority
must be brought to the attention of the motoring public by means of traffic signs. The
regulations must be signed in such a way that the motoring public knows of the
regulation.
In addition not only must signs be present they must also comply with the Traffic
Signs Regulations and General Directions 1994 (SI 1994 No.1519) (“the 1994
Regulations”).
Note the duty to fairness. Even if according to the TSRGD 2002 "M/C PERMITS ONLY" has not been specifically associated with a 660 sign, "PERMIT HOLDERS ONLY" has. An adjudicator would have to recognise that the omission was not in line with the spirit of the legislation and does not provide "adequate information". As such, on grounds of fairness the PCN cannot be upheld - in my opinion.
Additionally, the simple fact that this has affected so many people is proof of the lack of adequate information!
I intend to fight this all the way. If I end up losing £60, so be it, but I will make it as public as possible to highlight the injustice and the growing victimisation of motorcyclists.The council have much more to lose once one of these cases is officially overturned by an adjudicator. My suspicion is that the council will not let it get to tribunal, but I will do everything possible to make sure it does.
It's good to know there are others out there as outraged as I was.