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| hard to see signs |
This week saw the council win more cases than it lost but that was mainly thanks to 17 cases where an application had been amde to the Traffic Enforcement Centre that was not warranted. It is pointless saying you made representations that were not answered some months ago if you cannot produce them when asked. As many get lost in the post there is nothing to stop you generating them again even if you can't remember the exact words and date, near enough will do as long as you are sure you did send some.
The week ended with 3 cases being sent back to the council to think about again, 50 cases (including the above 17) were upheld and 35 PCN were cancelled.
Where the council mainly went wrong in this week was with signs.
They didn't prove a sign was in place at the location so that PCN could not be upheld.
They did not prove that the CPZ existed. This is what you should write in your appeal.
"I did not see a CPZ sign on entering the zone and I would be grateful therefore if the council could please prove the extent of the CPZ and that all necessary pairs of signs were in place and legible to oncoming traffic on the day in question."
If you do that the council will, in theory, have to prove photographs of all entry points which they probably can't do and that will be enough for many adjudicators to cancel your PCN. Some adjudicators will ask you which your point of entry was but if you visit that area often, or if it was 6 months ago, how are you to remember. If you have the time walk or cycle round the zone (take the car if you must but park outside the zone or outside normal hours) and see if there are any places where the signs are dirty, where one is missing (there have to be 2 signs, one on each side of the road unless it is a one way road or less than 5m wide) or where is has been turned away from the traffic by being hit by a lorry. You will be surprised how often a sign is wrong.
If you attend a personal hearing and the council simply provide a map with marks indicating where the signs are located, ask the adjudicator how they can be sure the signs are actually in place as a map is merely an assertion, not proof that the signs were there on the day that you were.
In another case the council produced a picture of the wrong sign. Clang!
In Gervase Rd in two cases the signage was held to be confusing. This is in relation to bays for pavement parking as marked out on the pavement, or not as the case may be.
A photo of the wrong sign was produced. this is usually to your detriment unless you happen to know it is the wrong sign by visiting the location again.
A bay suspension was not proven. Signs for this offence are often vaguely worded as to the precise location of the suspended portion of the road or placed badly.
Saracens Zone signage was suspect. I suggest you appeal in the following terms "Please provide evidence that it was an event day and that this was communicated to me by signs at all of the entrances to the zone which show the date of the contravention".
There were some photos taken at night which did not prov the signage. Photos are not compulsory but they do go a long way.
In Lytton Rd there is a sign missing on a single yellow line. The traffic warden may well photograph the wrong sign to inadequately demonstrate the contravention.
Keep those appeals coming. Once you have missed the 14 day discount period there is no point in giving up the fight as you have nothing to lose; the full value of the PCN will be in play and even if you lose at PATAS you still pay the same amount, £60, £110 or £130 depending on whether you have a lower value PCN a higher value PCN or a bus lane ticket.
Yours appealingly
Miss Feezance
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