Suspended parking warnings-what are the rules?

yaubelle

Hello,

I was wondering if someone could tell me exactly what the rules are regarding suspended parking warnings.

For example:

How much warning by law do they have to give before applying the suspension?

Exactly what type of notice do they have to put up? Is it just the yellow board with the dates and time parking bay is going to be suspended or does it also include the yellow card-board bit that sticks out like a triangle as well.

The reason I am asking is because the residential parking bay I was parked in was suspended for 2 days. I believe the suspension warning was put up the very morning the suspension was implemented.

I parked my car up the night before the suspension, did not see any of these suspension warnings and the next morning when I went to the car, the warnings were in place along with the yellow plastic coverings to show the bay was currently suspended and a ticket on my car.

I was also actually parked right next to a lampost which had all 3 suspension paraphanalia, ie, yellow board with A4 sticker telling susupension details, date, time etc, the yellow triangle board sitcking out of lamppost and yellow plastic covering showing suspension in place. yet when I parked up the night before, I did not see any of those.

I am new to driving but have always been very careful regarding where I parked.

Would really appreciate all the advice I can get.

Many thanks, yaubelle

Coblcris

This depends on the nature of the suspension such as emergency or planned.

It is highly likely that the suspension signs themselves are unauthorised as very few councils address the sign issues correctly.

Coupon-mad

OK you need to get yourself over to pepipoo.com here, they'll try to get you off this ticket:

http://forums.pepipoo.com/index.php?showforum=30

Pepipoo posters will explain - as coblcris has mentioned above already - that almost every suspended bay sign is non-compliant. The Council have to have special authorisation from the DfT I think, if they use those cobbled-together yellow versions plus an A4 sheet stuck on it - and Councils don't bother...

And the fact you were parked there first without suspension of the bay means that you can also appeal on that basis, that there was insufficient warning of suspension. You can ask the Council for any photos they have of your vehicle allegedly contravening a sign. Even if they produce the photos, pepipoo will help you appeal all the way.

You will need to register, read the FAQs ('READ THIS FIRST'! and 'how to post pictures' are useful for newbies there) and then start a new thead with pictures of:

- both sides of your PCN (all the small print and dates, but with your car ID & PCN no. blanked out).

- the suspension sign (if you got a pic of it)

- the bay you parked in, showing the lines at either end of the bay (may be a flawed bay).

HTH, don't just pay. Pepipoo posters genuinely win in the vast majority of Council cases.

muckybutt

Look for Anorak's replys have a look at this http://forums.pepipoo.com/index.php?s=&showtopic=42260&view=findpost&p=378463
Theres a few statutory links there re suspended parking, but Anorak is ya man for that ticket.

yaubelle

Thank-you all so much for your help, it is very much appreciated.

I shall have a look at pepipoo.com. At least now I have an idea how to go about things where as before I didn't have a clue at all!

Yaubelle

TheBogsDollocks

Anorak's post will not apply here as the bay was not suspended by virtue of reg 14 RTRA 1984. The bay was suspended by virtue of a clause contained within the actual traffic management order.

You can use the detailed appeal letter below and add any further points where appropriate.

To whom it may concern

I wish to appeal against the penalty charge served upon me on the grounds that the council has failed in their statutory duty to sign the temporarily suspended bay in accordance with the law. The temporary suspension traffic sign used fails to comply with s.64 of the Road Traffic Regulation Act 1984 as it is neither prescribed by regulations nor authorised by the Secretary of State. Paragraph 7.53 contained within the Traffic Signs Manual Chapter 3 gives further direction;


7.53 Where it is required to suspend a parking or
loading bay, e.g. to enable works to be carried out,
a temporary sign should be provided. These are not
prescribed by the Regulations, other than for parking
meters (see para 6.30), and guidance should
therefore be sought from the Department

The council operate traffic enforcement under the provisions of the Traffic Management Act 2004. This act under section 92 advises;

“traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984.

Section 64(1) of the Road Traffic Regulation Act 1984 defines a traffic sign as either being.

(a) specified by regulations made by the Ministers acting jointly, or
(b)authorised by the Secretary of State,
Section 64(2) of the RTRA 1984 adds further that;
(2) Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the Secretary of State authorises the erection or retention of a sign of another character.

The regulations referred to in section 64(1)(a) of the RTRA 1984 are known as the Traffic Signs Regulations and General Directives 2002. DfT circular 02/2003 informs about their purpose;

The TSRGD 2002 prescribe the designs and conditions of use for traffic signs to be
lawfully placed on or near roads in England, Scotland and Wales.

Regulation 11 within the TSRGD 2002 reiterates this circular and section 64(2) of the RTRA 1984.

11. — (1) Subject to the provisions of these Regulations, a sign for conveying information or a warning, requirement, restriction, prohibition or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram.

Further to the TSRGD 2002 the DfT has compiled and published numerous manuals known as the “Traffic Signs Manuals” to provide deliberate and extensive detail and information on how Local Authorities are to apply and interpret the plethora of regulations and directions given within the TSRGD 2002. These manuals contain no confusion as to how the DfT expect Local Authorities to interpret the law on traffic signs.

The TSM Chapter 1 advises;

1.15 Authorities may only use signs–
including carriageway markings–of a
size, colour and type prescribed or
specially authorised by the Secretary of
State, The prescribed signs are included
in The Traffic Signs Regulations and
General Directions 2002.

1.18 The use on Public highways of
non-prescribed signs which have not
been authorised by, or on behalf of,
the Secretary of State, is illegal and
Authorities who so use unauthorised
signs act beyond their powers.
Additionally, an unauthorised sign in
the highway is an obstruction.

The TSM Chapter 3 advises;

2.1 All traffic signs placed on a highway or on a
road to which the public has access (right of passage
in Scotland), as defined in section 142 of the Road
Traffic Regulation Act 1984 and amended by the
New Roads and Street Works Act 1991, must be
either prescribed by Regulations or authorised by the
Secretary of State for Transport……. and that no non-prescribed
sign is used unless it has been formally authorised
in writing. Failure to do so may leave an authority
open to litigation, or make a traffic regulation order
unenforceable.

The TSM Chapter 5 advises;

2.1 All road markings placed on a highway or road
to which the public have access must be either
prescribed by Regulations or authorised by the
Secretary of State for Transport.

2.5 Care should be taken to ensure that markings
are used only in the manner prescribed in the
Regulations, and that no non-prescribed marking is
used unless it has been authorised in writing. Failure
to do so may leave an authority open to litigation, or
make a traffic regulation order unenforceable.

In addition the DfT has compiled and published more than 14 series of extensive detailed works known as “Working Drawings” to assist Local Authorities in ensuring that they get the design of traffic signs correct. It is nonsensical that the DfT would go to such extreme lengths of detail and precision if they believed legislators intended Local Authorities to be allowed freedom of action or any degree of autonomy in traffic sign design.

Although both the RTRA 1984 and the TSRGD 2002 were enacted prior to the Traffic Management Act 2004 they are both still active and form the legal foundation for traffic enforcement under the TMA 2004. Section 87 of the TMA 2004 made provision for the Secretary of State to issue statutory guidance to Local Authorities in which they must have regard to when implementing and administering their traffic enforcement. It is clear from the extracts below that the Secretary of State expects Local Authorities to use traffic signs that comply with the law.

12. Enforcement authorities should aim to increase compliance with parking
restrictions through clear, well designed, legal and enforced parking controls.

17. all Traffic Regulation Orders (TROs), traffic signs and road markings are in
compliance with legal requirements

25. Unclear restrictions, or restrictions that do not comply with
regulations or with the Secretary of State’s Guidance, will confuse people and
ultimately undermine the operation and enforcement of the scheme overall.

33. Once a solid foundation of policies, legitimate TROs, and clear and lawful
signs and lines are in place, the success of CPE will depend on the dedication
and quality of the staff that deliver it.

38. CEO duties will also include related activities such as the following:
checking and reporting defective traffic signs and road markings.

In addition to the Secretary of State’s statutory guidance the DfT published further guidance for the benefit of Local Authorities. This publication is known as the “Operational Guidance to Local Authorities” and this gives further clarification in regard to traffic signs.

Annex E1: All local authorities are responsible for the accuracy and condition of the traffic
signs and road markings that identify parking restrictions in their area. The traffic
signs and road markings must conform strictly to the relevant regulations
(currently the Traffic Signs Regulations and General Directions 2002 – TSRGD –
and subsequent amendments) or have special authorisation from DfT. They
should also conform to the guidance set out in Chapters 3 and 5 of the Traffic
Signs Manual.

8.35 Authorities should not issue PCNs when traffic signs or road markings are
incorrect, missing or not in accordance with the TRO. These circumstances
may make the Order unenforceable. If a representation against a PCN shows
that a traffic sign or road marking was defective, the authority should accept
the representation because the adjudicator is likely to uphold any appeal.
An enforcement authority may be acting unlawfully and may damage its
reputation if it continues to issue PCNs that it knows to be unenforceable.

13.6 The Secretary of State will not sign an Order
until a senior official of the authority has confirmed in writing that all existing
and new TROs, traffic signs and road markings in the proposed CEA:
are in line with Government regulations and guidance in relevant chapters of
the Traffic Signs Manual or have special authorisation from DfT;

Considering all the above, what it is evidently clear, ever since the introduction of the RTRA 1984 up to the publication in 2008 of the DfT “Operational Guidance to Local Authorities”, is that there has been consistent and explicit direction by both the legal profession and Government, as to what is considered to be a lawful traffic sign. The courts have helped confirm this direction, such as in Davies v Heatley[1971] RTR45 where it was determined that the fact that a traffic sign may be clear does not make it legally correct. This finding of fact has been considered correct by numerous adjudicators but most notably in the key cases between Burnett v Buckinghamhire CC (PAS case HIW0003), Mr J Letts v London Borough of Lambeth (PA 1980151656) and Mr Keivan Jalali Bijari v Bolton Metropolitan Council (case no BO05375E).

The legislators did accept that a degree of flexibility would be required by Local Authorities and this is why the law not only prescribes numerous variations of traffic signs but permits a Local Authority to approach the Secretary of State to seek authorisation to use a non prescribed traffic sign. If a Local Authority chooses not to follow the scope of the law then they must suffer the consequences without complaint rather than act ultra vires by attempting to enforce an unlawfully signed traffic restriction.

If the law intended only that a traffic sign must not mislead a motorist then the law would simply have stated as such and neither the legislators nor Government would have gone to such extreme and costly measures in drafting and publishing volumes of legislation and guidance to assist Local Authorities in regard to the specific design of traffic signs.

If the Council should continue to ignore the overwhelming evidence that is in my favour and attempt to assert that, although the traffic sign fails to comply with the law, it is adequate to convey the restriction and that its non compliance with the law can be regarded as “de minimis” then I must strongly disagree. I have illustrated above that both the law and Government has gone to great trouble and effort to ensure that throughout the country motorists can be confident of finding identical traffic signs to the restrictions in force. This is not a case, where, for example, there is a very minor degree of wear to the lines or where one of the white lines is a millimetre or two out. The fact of the matter is that the council has simply used non prescribed signage without authorisation and it seems to me to be inappropriate to employ the “de minimis” principle to paper over the error. I certainly do not consider the amount of the penalty charge to be “de minimis” when compared to my disposable income.

If the Council do argue a case of “de minimis” then I too should be allowed, in the interest of justice and fairness, the same degree of flexibility and leniency when interpreting the traffic order bylaw. We are repeatedly informed that the purpose of traffic restrictions is to maintain traffic flow and to encourage road safety for all users of the public highway. My vehicle was not parked in such a manner that it interrupted the traffic flow nor did it endanger the safety of any person upon the public highway. Therefore, it is not unreasonable to apply the principle of “de minimis” to the alleged contravention just as equally as one might attempt to apply it in defence of the unlawful traffic sign.

The DfT in its Operational Guidance to Local Authorities is quite clear. Annex E2 gives clear and precise instruction;

PCNs may not be valid if they are issued where traffic signs and road markings
are incorrect or in poor condition. Representations demonstrating this should be
accepted.

I have demonstrated that the temporary suspension sign is incorrect and therefore I require the council to acknowledge their signing error and that this penalty charge be cancelled forthwith.

peter_the_piper

Phew, I bet not one council bod ever gets to the end of that.

Coblcris

That would be their mistake.

TheBogsDollocks

peter_the_piper wrote: »

Phew, I bet not one council bod ever gets to the end of that.

I suspect you're right about that. That's partly what it hopes to achieve so that any further appeal can throw a charge of improper consideration at the council.

The main reason it is so detailed is to limit any chance of the council or an adjudicator arguing de minimis or substantial compliance. By spelling it out and making reference to as many supporting quotes I hope to make it almost impossible for any reasonable dismissal of the appeal.

It must work as I'm not aware of any council brave enough to let the argument actually be considered by an adjudicator.

yaubelle

Once again, thank-you so much for all your help; especially TheBogsDollocks - That was a mammoth reply!! and must have take quite a bit of time and effort, so thank-you. Moneysavingexpert does have so many helpful and knowledgable people on it's forum willing to help and advise.

Some good news: I received a letter from the council parking authority today and they are going to cancel the PCN. I thought I would have a real fight on my hands, but amazingly enough they came down in my favour!

Yaubelle:j

Coblcris

There are no authorised signs for this in the TSRGD. One of several known lacunae.

Most councils fail to ask for special authorisation for suspension signs despite this.