Nottm PCN but am I right

[mnrbig]

I got a PCN in Nottingham. I parked in a parking bay and looked at the times that the parking restrictions are in force on the ticket machine. The sign on the ticket machine said Monday to Saturday so as it was Sunday I just parked. When I returned to my car I had a PCN. It seems that the council had a temporary no loading rule in place. They had covered up the normal signs with a temporary one.

 

Should I appeal the PCN on the basis that I thought the restrictions applied Monday to Saturday as stated on the machine or is this a dead cause?

[lamma]

check the TRO.

[mnrbig]

check the TRO.

 

 

What's the TRO?

[BankFodder]

Also, please would you take a picture of the parking pay including the terminal markings at each end. Link us to them

[green_and_mean]

Also, please would you take a picture of the parking pay including the terminal markings at each end. Link us to them

 

If the parking has been suspended the bays have no legal purpose!

[mnrbig]

If the parking has been suspended the bays have no legal purpose!

 

But the ticket machine notice said restrictions apply Monday to Saturday. Surely the machine should have been covered up?

[green_and_mean]

But the ticket machine notice said restrictions apply Monday to Saturday. Surely the machine should have been covered up?

 

There is an argument that it should have been, did it also still serve any bays not suspended though?

 

What contravention code was used?

[lamma]

Traffic Regulation Order (in London they are TMOs).

is is where the rules for the parking restriction are defined.

there is a general right to park on the highway so the restrictions have to be defined.

No TMO or broken TMO - should be fatal to the Council.

Some Councils absolute rubbish with TMOs.

Lots of scope..

 

You have a right of access and to get a copy - this is NOT a FOI thing.

Local Government Act 1972 (c.70) - Statute Law Database

 

Contents are defined

The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (No. 2489) - Statute Law Database

 

and the procedureis defined

The Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990

 

if the procedure not followed TRO is invalid.

 

lots of posts here about TROs

[mnrbig]

There is an argument that it should have been, did it also still serve any bays not suspended though?

 

 

No, it wasn't serving other parking bays.

 

What contravention code was used?

Contravention Code 2

[mnrbig]

Traffic Regulation Order (in London they are TMOs).

is is where the rules for the parking restriction are defined.

there is a general right to park on the highway so the restrictions have to be defined.

No TMO or broken TMO - should be fatal to the Council.

Some Councils absolute rubbish with TMOs.

Lots of scope..

 

You have a right of access and to get a copy - this is NOT a Freedom of Information Act thing.

Local Government Act 1972 (c.70) - Statute Law Database

 

Contents are defined

The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (No. 2489) - Statute Law Database

 

and the procedureis defined

The Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990

 

if the procedure not followed TRO is invalid.

 

lots of posts here about TROs

 

 

Sorry, this post has been lost on me. SWISH right over my head.

[lamma]

response to " What's the TRO?"

[mnrbig]

AAH, I see said the blind man to his deaf wife. Were should this TRO be displayed?

[lamma]

Local Government Act 1972 (c.70) - Statute Law Database

[mnrbig]

I suspect that this TRO was attached to the "no loading" sign.

[lamma]

TROs are kept in th Council offices - or they should be...

Local Government Act 1972 (c.70) - Statute Law Database

[mnrbig]

Iamma

 

Sorry, I have lost the plot completely. I request the TRO from the council. What am I suppose to do with this once I have it?

[lamma]

better to go into the offices- do you trust the council to send the complete and correct TRO ?

once you have the real TRO (signed under 'seal') check what it says, what the restrictions are, where they are etc . then see if what is on the street matches the TRO.

[mnrbig]

But, the contravention that I was ticketed for was a temporary restriction so I assume it won't be in the TRO.

[lamma]

Then there should be a temporary traffic order - get that one.

[mnrbig]

There is an argument that it should have been, did it also still serve any bays not suspended though?

 

 

So do I appeal on the basis that the meter should have been covered up? I don't live in Nottingham so going to the council offices is not very practical.

[mnrbig]

Right guys,

 

I appealed the PCN on the grounds that the meter stated that the restrictions applied Monday to Saturday. They have rejected my appeal. The question is, should the Pay and Display meter have been covered up? However the council has made me aware that the temporary restriction did state "no parking at any time"

Edited July 17, 2008 by mnrbig

[mnrbig]

This thread reminds me of a old pink floyd classic

 

Anybody out there?

[green_and_mean]

You can appeal to the adjudicator on the grounds the meter not being covered up, but there is no written law that says it must be so it would be up to the adjudicator to decide if it invalidates the PCN.