Friday 14th December 2018,
North Yorks Enquirer

Parking Appeal – The Tribunal

This appeal to the Traffic Penalty Tribunal is tailored for Scarborough residents who’ve received a PCN after being parked in an on-street parking bay in one of the residential parking zones. Detail is here. Zone map is here. The same text can currently be used if you’ve received a PCN in Whitby, Harrogate or Knaresborough.

To successfully challenge the PCN you must have been parked within the bay markings in the Disc Zone. Please be aware this does NOT apply to being parked on double yellow lines nor parked in a Pay & Display bay.

The appeals can be done online. SBC will send you an Online Code for the Tribunal when they post you a Notice Of Rejection Of Representations. Input your personal details in the appropriate places on the form.

After your personal details are in, you can move onto the Method Of Appeal. I used “I would like my case heard without a hearing” because my personal time was tight.

The next section is Grounds of Appeal. You need to select:

A. The alleged contravention did not occur.

C. There has been a procedural impropriety by the council. The council has not complied with the Traffic Management Act 2004 or the relevant Regulations.

Next we move to ‘Details of Appeal‘. You can put the following letter in a word doc and attach it as evidence.

Dear Sir or Madam,

I write to appeal against PCNXXXXXXX issued by Scarborough Borough Council.

The council has made me step through the informal appeal process, the formal appeal process and appeal to the Traffic Penalty Tribunal despite knowing that the majority of signage within the residential zones in the Borough of Scarborough is unenforceable.

Previous case YN05385F ruled against the council stating the bay signs within the residential zones do not display the traffic order in effect. The council continues to issue PCNs despite knowing the signage doesn’t make road users aware of the Traffic Regulation Order in effect.

Previous case YN00022-1611 ruled against the council stating that zone entry and bay signs within the residential zones do not display the traffic order in effect. It further stated that the disc zones were “an inelegant mess” and “unenforceable”. The council continues to issue PCNs despite knowing the signage doesn’t make road users aware of the traffic regulation order in effect.

The unenforceable nature of the Disc Zone is underpinned by Section 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 which states.

18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure —

(a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;

(b) the maintenance of such signs for so long as the order remains in force;

On XX/XX/XXXX I parked in XXXXXXXX XXXX. The road is part of Residential Parking Zone X in Scarborough/Whitby as listed on the Scarborough Borough Council website at the URL below.

http://www.scarborough.gov.uk/home/parking/residents-parking-permits-scarborough

http://www.scarborough.gov.uk/home/parking/whitby-parking

Despite the road being listed as part of a Residential Parking Zone, the 663 Zone Entry signage nor the 662 Parking Bay signage mentions that a residential parking permit is needed to park in that bay.

I would therefore contend that the council has not fully informed me of the Traffic Regulation Order in effect and that the PCN issued should be cancelled.

As the council has wasted my time and yours with this needless appeal, I wish to apply for costs.

Yours faithfully,

After the appeal detail information has been inserted into the form, you will need to attach your photographic evidence into the appeal form. Attach pictures of the 663 Zone Entry sign you used to enter the CPZ and also the 662 Parking Bay signs near your car when it was ticketed, similar to the signs below. Google Streetview is useful if you don’t possess a camera. Then submit your appeal.

Good luck! Write to us at news@nyenquirer.uk if you need further help with your appeal. You are most welcome to share your result and we’d be delighted to publish it, suitably anonymised if you wish, to show that we little people can beat the money-grabbing councils who are acting outside the law.

Updated 06/01/2017 with additional text outlining the reason for PCN appeal.

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