Jump to content


Traffic Sign Regs for voucher controlled area


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5329 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello everyone...

 

My Son parked his car at the beginning of March in Glasgow and didn't know he had parked in a parking space, as the road he parked on had no lines visible, they were worn away (we have photos).

He didn't see the sign saying voucher scheme.. typical.

 

Anyway, I wrote and said the ticket was invalid as it didn't show time first seen.. as it doesn't.

 

I also said...

 

"I believe that since the signage relating to parking on this stretch of road does not conform to the requirements of the Traffic Signs Regulations and General Directions 2002, then this PCN is unenforceable.

 

I would remind you of the case of Davies v Heatley 1971 in which it was ruled that "Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind"."

 

They have replied today stating the PCN is valid, even though it doesn't have the time first seen stated.

 

Also, the area is a voucher controlled area and that zone entry plates are placed at each vehicular entrance to the area. All signage complies with "Traffic Sign Regs etc. 2002". There is no requirement under legislation to erect signs other than zone entry, the onus rests with the driver to ensure the vehicle is legally parked.

 

Anybody got any thoughts?

Thanks.

Link to post
Share on other sites

Having done some research here is my reply.

 

I note from your comments that you state all signage is compliant with The Traffic Signs Regulations and General Directions 2002, this is clearly not the case.

 

Part 1, Section 1, Item 4 - Interpretation - general states that a "controlled parking zone" means either -

(a) an area -

(i) in which, except where parking places have been provided, every road has been marked with one or more of the road markings shown in diagrams 1017, 1018.1, 1019 and 1020.1; and

(ii) into which each entrance for vehicular traffic has been indicated by the sign shown in diagram 663 or 663.1;

 

You state that there is no requirement under legislation to erect anything other than “Zone Entry” signs. This is incorrect as is clear from the above citation, road markings are a requirement to identify areas defined as parking places.

 

The road markings in Garnet Street are wholly inadequate as there are no markings on the road defining parking places (see picture 1). In addition, the double yellow lines (see picture 2) as defined by diagram 1018.1 are incomplete and also do not conform to The Traffic Signs Regulations and General Directions 2002.

 

I would again remind you of the High Court ruling in the case of Davies v Heatley 1971 in which it was ruled that "Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind".

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...