Suspended Parking Bay PCN

[PCan]

Can somebody tell me the minimum letter dimensions for temporary signs relating to suspended resident parking bays.

 

Surely a rubbish print out on a piece of white A4 in about 12pt font, poorly illuminated is not adequate.

 

Regards

PC

[TheBogsDollocks]

99% of these signs are unauthorised. You can include the text below to challenge the sign. Expect the council to deny any wrong doing but often they will pull out prior to adjudication unless of course you are unlucky enough to have a PCN from one of the 1%.

 

It is necessary to bring to the council’s attention that the sign used to convey the parking place suspension is not prescribed by regulations.

 

A traffic order obtains its power to suspend a parking place by authority of the Road Traffic Regulation Act 1984. A traffic order is therefore secondary to the primary 1984 Act and remains subject to it. Section 68(2) of the 1984 Act clearly indicates that a “traffic sign” that accords with section 64 of the 1984 Act be placed in connection with any traffic order made. In addition, a similar obligation is imposed upon an authority by regulation 18 of the The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. It is emphatically clear that a “traffic sign” is to be placed in connection with an order or to give effect to an order.

 

Section 64 of the 1984 Act defines a traffic sign as being any object or device used to regulate traffic with its form being either prescribed by regulations or authorised by the Secretary of State. The parking suspension sign used by the council is not prescribed by regulations as the Traffic Signs Regulations and General Directions 2002 do not prescribe any traffic signs for the purpose of conveying a parking place suspension. This fact is endorsed by the DfT under paragraph 7.53 within the Traffic Sign Manual Chapter 3;

 

7.53 Where it is required to suspend a parking or

loading bay, e.g. to enable works to be carried out,

a temporary sign should be provided. These are not

prescribed by the Regulations, other than for parking

meters (see para 6.30), and guidance should

therefore be sought from the Department

 

It is clear that where a sign is required to suspend a parking place that a council cannot simply produce one by volition but is expected to consult with the DfT. This consultation is no doubt requisite so that the Secretary of State can authorise the use of a suspension sign. Thus satisfying section 64 of the 1984 Act and allowing the sign to be used in connection with a traffic order.

 

Considering the above, unless the council can provide evidence that the suspension sign is authorised by the Secretary of State then the council should acknowledge that they have acted beyond their powers and cancel this penalty charge forthwith. Should the council doubt that their use of an unauthorised sign is ultra vires then I direct the council to the following paragraph obtained from the DfT published Traffic Signs Manual Chapter 1.

 

1.18 The use on Public highways of

non-prescribed signs which have not

been authorised by, or on behalf of,

the Secretary of State, is illegal and

Authorities who so use unauthorised

signs act beyond their powers.

Additionally, an unauthorised sign in

the highway is an obstruction.

 

Yours with love, hugs & kisses

[PCan]

Thanks Bogs

 

Im trying to get the info from the DfT regarding the suspension signs that Hackney council have applied to use.

You wouldnt happen to know the best email to contact them on, there doesnt seem to be a department for "another council makes a rubbish suspension sign"

 

Cheers

[TheBogsDollocks]

Submit an FOI

 

http://www.dft.gov.uk/foi/whatyouneedtoknow/foirequest

[PCan]

This is the response i got from the DfT - does this mean the suspension signs are illegal and should not be used?

 

I can confirm that we have received an application from the London Borough of Hackney for the sign that you are enquiring about but an authorisation has not yet been issued. With regards to your request to see a copy of the Traffic Order, you will need to obtain this from the authority; we do not receive copies of these documents.

Thanks in advance for you help Bogs! Hopefully i can help someone else in the future......

[TheBogsDollocks]

No authorisation means it not a lawful traffic sign.

[NZane]

Hi There,

 

I have had a similar issue with a suspended parking bay and a PCN I recieved on Easter Sunday.

 

The sign was attached to a pay and display box 30meters from the park which was apparently suspended. This was on a public holiday so there was no need to go to the Pay and Display box! I'm not sure how this is in anyway legal. The lamppost next to the suspended parking space had nothing on it!

 

Anyway, I have photographs of the area and i am drafting up a letter similar to what I have read in this thread. Please let me know if this is the correct thing to do and will send them through to Lambeth Council.

 

I have also made a FOI request to the DfT about the authorisation of this suspended bay.

 

Any help will be greatly appreciated.

 

Kind regards,

 

NZane