Missing Sign in Resident's Bay

[Ferkelator]

Hello! I've read through 25 pages of this forum so far and can't find anything relating to missing signs, so I'm posting my particular plight in the hope that one of you marvellous people might be able to help me out.

I parked in what transpired to be a resident's bay in Westminster. The sign was missing. I received a PCN. From reading this forum I've learnt a great deal (!) and it seems that I've got a date of notice and a date that it happened on; the PCN code seems to be correct (12r); can't comment on the lines on the road as I'm not from London and don't fancy making the 2 hour trip to check it out! I have photographic evidence of the missing sign which I already sent in my initial informal challenge via email.

Received a letter back saying they are unable to cancel the PCN having reviewed my correspondence as they noted the PA's evidence to be correct - that I was parked in a resident's bay without a permit.

I'm certain it's unjust that they insist on enforcing the PCN when there was no adequate signage.

Does anybody know what the law is in this respect? Does there have to be a sign present for their position to be upheld? I'm prepared to take this to the Parking and Traffic Appeals Service as I'm sure this will be seen as unfairly issued.

Many thanks for any help you can offer!

[Rob S]

This happened to me a few years ago in the London Borough of Camden. The bay had no sign displayed so I parked there and subsequently got a ticket. I made representations which were dismissed as they had "no reason to disbelieve the parking attendent when he said the signs were present".

I then went back to the bay in question and discovered a brand new sign had been erected. I phoned up the highways department, they told me the date the sign was placed, which was after the alleged contravention, and then I started the appeal process. However, Camden Council wrote to me prior to the appeal and told me they were cancelling the PCN in light of the evidence I had provided.

I would go back to the bay and see if they have replaced the sign. If they haven't then take photos. if they have, get on to the department that deals with replacing signs and ask them when they did replace it.

The bottom line is that the bay has to be properly signed for it to be legal. Their dismissal of your representations is standard practice. Go to PATAS with it. But get your evidence as detailed above first to strenghen your case.

You can also get more info over at Pepipoo. PePiPoo: Helping the motorist to get justice

[Ferkelator]

Most obliged for the advice, Mr S! I'll see if I can get a London chum to have a look at the signless pole for me to check whether a new sign has been installed yet...

[Ferkelator]

<gasps>

[demon_x_slash]

^^ *eyebrow* Que?