contravention 21s

follyfoot

I received a ticket for the above contravention.
I parked my car in a bay which was not in operation but there was a yellow suspended sign about 3 cars away from my car. The bay is one long bay, as opposed to individual parking spaces. cars were parked for most of the length of the bay and it was not clear what part of the bay had been suspended. The sign on the bay is faded and I have no idea what it is meant to say. There were no cones indicating which part of the bay was suspended. My question is, how was i suppose to know which part of the bay was suspended if the suspension only applied to part of it? Also what signs are the council obliged to display. I have googled 21s but i cannot find any information about this contravention.

peter_the_piper

Without individual spacing lines its quite likely the suspension applied to all the bay. All is not lost however as councils get the bay markings incorrect more often than they get pcn's wrong. Pictures of the lines along the bay, any attempt at writing and the end terminations would help, you might be asked to measure the lines themselves as the painting of them is important. Pics of both sides of the pcn less identifiying details also would help. See stickies above and use tinypic.

follyfoot

peter_the_piper wrote: »

Without individual spacing lines its quite likely the suspension applied to all the bay. All is not lost however as councils get the bay markings incorrect more often than they get pcn's wrong. Pictures of the lines along the bay, any attempt at writing and the end terminations would help, you might be asked to measure the lines themselves as the painting of them is important. Pics of both sides of the pcn less identifiying details also would help. See stickies above and use tinypic.

the whole bay wasnt sustpended otherwise the council would have had a field day ticketing /towing about 20 cars. my car was the only one ticketed. what signage should be visible?

peter_the_piper

Picture of the sign and bay would be the only way someone on here could help you. I don't believe its material how many cars were ticketed, possibly unfair but not a way of avoiding payment.

TheBogsDollocks

The temporary suspension of restrictions is controlled by section 14 of the RTRA 1984 (sections 15 and 16 also can, but they’re not relevant here). A TMO/TRO has no enabling power to control suspension procedures. If you ever look at the opening preamble of a TMO/TRO it will not list section 14 as an enabling power. The Traffic Order Procedures 1996 advise as to what sections of the RTRA 1984 are enabling.

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&Year=1996&number=2489&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=3046943&ActiveTextDocId=3046950&filesize=974

However, there is nothing to stop a TMO/TRO from advising of the authority’s suspension procedure but if it differs from what is legally required then they are going to look silly.

Section 14 of the RTRA 1984 provides two ways to impose a temporary restriction. By order or by notice. Section 14(2) advises when the simpler method of a notice can be used.

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=the+road+traffic+regulation+act+1984&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2223862&ActiveTextDocId=2223885&filesize=21491

However, either method must follow the Temporary Restrictions Procedure Regs1992.

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&Year=1992&number=1215&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=3239317&PageNumber=1&SortAlpha=0

Regulation 10 advises what the notice issued under reg14(2) of the RTRA 1984 must contain. Regulation 10(4) and 10(5) make it quite clear that a notice and traffic sign are separate entities. This could be a major appeal point as authorities commonly use an amalgam of a notice giving dates etc with the No Waiting roundel traffic sign. However, the TSRGD 2002 prescribed sign for a temporary restriction is to diagram 636 (or 640.1 if it’s a suspended parking meter).

http://www.opsi.gov.uk/si/si2002/02311345.gif

You will note that it is not a permitted variant of the sign to include such data as dates or times. It is limited to either the name of the authority or police and a directional arrow. Nothing else and this view is supported by section 6.26 of the TSM Chapter 3. If the sign used is an amalgam then it is reasonable to argue that the sign is non compliant with the TSRGD 2002 and therefore the restriction cannot be legally enforced.

If the authority failed to follow the correct procedures in the 1992 Regulations, particularly with regard to signage and notices then you are in a very strong position if you present your case well. The average back office staff member will not have a clue about what the correct procedures are and so they will just say you are wrong they are right simply because that's the way it has always been done but don’t be fooled.

Demand evidence that the suspension has been correctly authorised by a Notice under section 14(2) of the RTRA 1984 and that it contains all the details as required by regulation 10(2) of the Temporary Restrictions Procedure Regulations 1992. Ask further, for evidence that regulation 10(3) has been fully complied with regarding notifying statutory bodies such as the Chief of Police. Require evidence that Notices were erected in accordance with the regulations Schedule part 2 and that part 3 of the Schedule was also complied with in regard to the placing and removal of traffic signs.

Firmly advise the authority that you need all these details to prepare your defence at adjudication and if they fail to provide these you will be asking the adjudicator to ask them why they failed and that you will seek the further ground of procedural impropriety to be considered as reason for cancellation.


If the authority advertises their suspension procedure online, read it as it may assist you favourably.

Coblcris

Excellent work. That should be printed and kept.

follyfoot

I have tried again to post pictures:


one end of bay


other end of bay


side of bay



sign

peter_the_piper

Thanks for the pic however only 1 shows. The end of the bay.

follyfoot

any comments on above please?