PCN West Street, Sheffield

[Jamberson]

Yes, I agree. If the bay was inside the CPZ then a single yellow is subject to the hours which govern the CPZ (the so-called underlying restriction). Just the presence of a pole doesn't get you off the PCN.

 

The yellow line terminations are technically faulty but it is widely seen as so trivial a matter that cases normally are not upheld on that argument alone - you can see the yellow line, and that's what matters.

 

The outer zone/inner zone matter is a possible area to look into. What are the differences? If the inner zone restriction is somehow different, then the signage should reflect that - maybe if you start by calling the council and asking what the difference is - then you can look at whether the signs comply.

[Jamberson]

What you need to do is phone the council and ask for the Traffic Order covering that location. They should supply you with a copy free of charge.

 

This is a legal document describing exactly what the restrictions are for that area, and the bit you are interested in is the bit which governs the exact place you were parked. You will find it in the Traffic Order and it will say something like, "High Street, outside number 11, for 15 metres heading north" - and you need to pin-point the part for that exact bay, according to the location described - and then it will describe the restriction there, eg: "loading only".

 

The document defines the restriction, the signs do not. To be valid, the bay must have a sign which matches the information given in the Traffic Order. If the Traffic Order says that is a loading place, it must have a sign saying that - it isn't the case that a missing sign changes it to something else. It is still legally a loading bay, and an unsigned loading bay is unenforceable.

[Jamberson]

Fair point. In addition to getting the Traffic Order, it would be sensible to ask for the photos too. It is likley that the CEO will have photographed any signage next to the bay.

[Jamberson]

The sign on the opposite side of the street is not relevant to that bay in my opinion. You have the Google image of no sign, and one today with no sign - ipso facto, there was no sign when you parked.

 

Just check the TRO has some restriction there other than the standard underlying restriction and I think you have a winning hand.

[Jamberson]

You are right. It's utterly immaterial what someone decides they want to consider it to be, and in fact if this conflicts with the Traffic Order, it is edging towards impropriety for them to say that.

 

All that matters is what is written down in the Traffic Order. Do you have a copy, or a copy on its way to you?

[Jamberson]

Looks good to me.

 

So write a letter, tell them it's a loading bay and quote the relevant section numbers and text of the Traffic Order. Tell them the bay is unsigned and enclose your photo of the pole, and point out that the CEO (somewhat unreasonably) photographed a sign on the opposite side of the road, pertaining to a different parking space.

 

You are sure to get a cancellation - if not, fight it further because everything indicates to me that you are correct and the bay is unenforceable.