Disc Zone PCN Appeal
This appeal is tailored for Scarborough residents who’ve received a PCN after being parked in an on-street parking bay in one of Scarborough’s residential parking zones. Zone map is here. The same text can currently be used if you’ve received a PCN in Whitby, Harrogate or Knaresborough in the same situation.
The most common reasons for receiving a PCN in the on-street zones appear to be:
- 30 Parked for longer than permitted
- 35 Parked in a disc parking place without clearly displaying a valid disc
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.
Given the love for bureaucracy at SBC, you may need to appeal up to three times to get the PCN successfully cancelled. Please be aware of the process so you know what to expect and when.
The crux of your appeal is that the Traffic Regulation Order in force in Scarborough’s residential parking zones requires you to have a permit in your car 24 hours a day or a Disc during the stated hours on the sign.
The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 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;
As you can see from the signs below, they do not mention the need for permits and are currently illegal.
Send your appeals to parking@scarborough.gov.uk.
Subject: Informal Appeal: PCN YNXXXXXXXX
Dear Sir or Madam,
I wish to appeal the PCN YNXXXXXXXX on the following grounds:
- The contravention did not occur
- There has been a procedural impropriety on the part of the Enforcement Authority
- The Traffic Order concerned is invalid
I would like to draw your attention to decision notice YN00022-1611 which was issued by the Traffic Penalty Tribunal on the 9th December 2016. The Tribunal ruled that because the primary purpose of the Traffic Regulation Order was to create preferential parking for residents through the use of permits, and because the council has not indicated on their signage that permit parking is available, the Disc Zone is consequently unenforceable.
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;
If you ignore the ruling and send a Notice of Rejection in respect of this informal appeal, here is my fee schedule to deal with your unnecessary paperwork:
- £50 per PCN
Kind regards,
Updated 06/01/2017 with additional text outlining the reason for PCN appeal.
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