PCN received - unclear "no stopping" times - ** CANCELLED BY COUNCIL **

[Jamberson]

I agree the sign is ambiguous, and I think you will probably win this, if you fight it all the way. (That's 'probably'!)

 

The sign must state the hours of no parking, and must be clear. So, the yellow sign says "No stopping 10 - 5am". Logically, that can't be 10am - 5am. So it must be 10pm - 5am. And then logically, it follows on, that you can stop to load after 5am, until 10am. If it means something other than that, it isn't clear.

 

I don't read any restriction after 10am - which is itself odd, but you have 14 days to decide what to do, so I would start by contacting the Council and asking for a copy of the Parking Order for that location. This will tell you what the true restriction is, and I would not be surprised if it's 10am - 5pm - in which case, the sign is completely faulty and you should win.

 

In any case, you can make formal representations once the Notice to Owner is issued, and this can be followed by adjudication.

 

Incidentally, what was the contravention and contravention code printed on the PCN?

 

 

[Jamberson]

The owner of the car will have to make the transfer of liability - you should check with them now that they are in agreement with this - otherwise, you may have to pay it in full. It means them ticking a box on the back of the Notice to Owner and filling in your name and address. Then a new Notice to Owner gets sent out to you instead by the Council, and you're in business.

 

If you are fighting on, contact the council now and ask for a copy of the traffic order for that location. I would want to see the hours on the sign match what's written in the order, because it looks odd.

 

Adjudication hearings aren't scary. You will sit at a table with someone from the council, and the adjudicator (who isn't a judge - he or she will just be in business dress) will ask questions to understand the issue and then decide who they think is correct. It could be a bit of fun if you look at it that way. Nothing to be intimidated by - worst possible outcome, you have to pay the PCN. The council don't like the hearings as they can affect many other PCNs they are processing (eg, all the ones they are continuing to issue right at that spot) and they will be more obedient and deferential than you need to be!

[Jamberson]

6 hours ago, Hungrydoug said:

It meets the guidance in the traffic signs manual Chapter 7:

 

"12.2.3. If the time period covers only “am” or “pm”, but not both, then “am” or “pm”, as appropriate, should be shown only against the end time."

 

Which could be read one of two ways, but there would be enough wiggle room to say it was conforming.

 

That clause describes what should be done if the sign only covers am or pm.

 

This sign doesn't cover only one of them - so the clause is not relevant.