Resstriction sign covered by tree/leaves

jonathanw

I just recieved a parking ticket in a street that has pay and display machines and allows parking for residents and or pay and display.

I parked a few couple of meteres away from a sign that clearly displayed this and bought a ticket.

When returning I saw I had PCN nad had no idea why. I even had 10mins to spare. I then noticed I was in a bay that was onnly for residents. The sign was very high upand was covered by an overgrown tree. I have taken pictures. Does this invalidate the ticket. If yes on what legal grounds.

Thanks for your help

John

anewman

First things first, who is the ticket from? A council or a private parking company?

jonathanw

camden council

DaveF327

You should visit the area again and make absolutely sure there were no other signs for the whole of the marked bay area.

If that is the case, take photos of the scene which show the visible pay and display signs, but not the hidden one, then wait for the Notice to Owner and state that the signage was not reasonably visible to persons using the parking place. The adjudicator will make the final decision, but you'd better hope that it was a whole jungle covering that sign, not a single leaf.

Coupon-mad

Once you have some pics of the signs and lines - including both ends of the parking bay(s) - attach them to a new thread on pepipoo forums:

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

Their expert posters will also need to see a pic or scan of both sides of the PCN including all small print, location and all dates (but blanking out your car ID and PCN number as per the stickies and FAQs at the top of the forum).

Pepipoo is a specialist motorists' fightback forum and they help people to win MOST Council PCN cases. You CAN get off this and you only ever risk paying the non-discounted fine, no costs or anything even at the adjudicator stage. I advise anyone to appeal EVERY Council PCN - even if they think they were bang to rights, as Councils usually make mistakes with paperwork and there's always an appeal point or seven!

Camden aren't known as Scamden for nothing.

landmark

Here is a contingency plan for you

I once appealed on a Kensington council parking ticket for parking in a residents bay area where the signs were obscurred by trees.

I ended up appealing to the Parking Adjudicator who stated that he would not allow my appeal because it was out of his juristiction whether the signs were obscured or not.

The bottom line is, he ruled only on a point of fact; rather than on a point of law.


In such a scenario, this would leave you with 3 contingencies

1. Do nothing and get a CCJ
2. Apply for a judicial review in the High Court
3. Pay the fine and sue in the County court for a refund

peter_the_piper

From what I have seen the adjudicator was a numpty. Its just like a white line, if its visible its valid. If its badly worn and not visible its invalid - surely this applies to signs as well.