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The Parking Sign is Obscured do I have Rights?

By: Tracy Wilkinson - Updated: 22 Aug 2017 | comments*Discuss
 
Parking Permit Area Parking Ticket

Q.I have just been issued with a parking ticket for "parked in a permit space without displaying a valid permit" (050908). Contravention code: 16. This was issued by a Civil Enforcement Officer working for Torridge District Council. I never saw the officer, the ticket was stuck to my drivers side window.

I don't have a parking permit, however, I was on the lookout for any parking enforcement signs, which I obviously missed. I missed the permit sign because after receiving the ticket I then located it secured to a wall bordering the pavement approximately 2-3 feet from ground level.

I believe that I originally missed this sign because another vehicle was parked (on double yellow lines I believe) obscuring it.

The sign was also located at the start of the marked parking area. I would have expected to have seen a "permit only" sign either on a post at reasonable height or on a lampost, situated towards the middle of the parking area. In your view is this sign lawfully placed and can I make a appeal about my ticket?
(Mr Jim Hunt, 28 September 2008)

A.

Civil Enforcement Officers (CEOs) are able to enforce parking regulations in many councils and are allowed to leave the ticket on your car if you are not present.

In this case, you were parked in a parking permit area without a relevant permit, however if you can prove that the signage detailing the fact that it was a permit only area was not visible or was inappropriately placed then you may well win an appeal.

There are quite distinct guidelines on sign placement, which are issued by the Highways Agency and must be followed for restrictions to be effective. According to the Traffic Signs Regulations and General Directions 1994, there is no specific height requirements for mounting of most signs (with some exceptions for disabled areas). However, it is assumed that the signs must always remain visible to motorists.

Councils are required to provide clear signs on every road that enters an area where there are restrictions on parking. Once inside an area that is under restriction, the council do not have to put signs on every yellow line, although if restrictions are different in one particular road to the others, this must be clearly indicated.

All signs need to be easily visible and they have to show the times when the restrictions are in effect. Check the area you received your ticket and make sure that there are signs on both sides of the road, and that they are not obscured, or too small or unreadable. If they are, you've got a great chance of winning an appeal.

If there are single and double yellow lines, then you should be aware that they must be continuous and not broken anywhere along the line. If the line is broken, then any ticket given along the line can be invalidated.

If the restriction only covers one street, then you should see a sign on every lamp post for each yellow line. If there is a 60m gap between lamp posts then there must be another signpost.

If there are parking bays along the side of the road then there should be signs within 5 metres at either end of the parking bays. There should also be signs every 30m.

If you are planning to appeal, you should try to get photographic evidence of a car blocking the sign to prove that it isn't visible if someone parks in front of it. If there isn't a car there, you should try to get a photograph of the sign as it is now, with something in shot to show the height of the sign, and to prove that it is impossible to see from where you were. Include this photographic evidence in your appeal, along with a full explanation of the events that led up to you getting the ticket.

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Council was in process of setting upsigns, which they moved around for optimum position over a few months. They had not erected the large Residential Zone Entry signs but had one or two 9" x 9" ones in obscure places (eg behind a door canopy on a one-way, totally unseen without searching). They put up a Zone Sign effectively behind a bush in the wall so it couldn't be seen and none on the other side of the street. Having ticketed the car they couldn't get a good photo. of the illegible"bushed" one (even if legal without its twin across the road) so walked a mile to another part of town to photo one already in situ there---a completely separate and inaccessible area on the other side of a busy trunk road-- and submitted it as "at the scene" with the comment "that's what it would have said when the actual one went up! Scary!!
lil - 22-Aug-17 @ 12:45 PM
I've been summoned to court for non payment of a parking ticket issued by SIP. I had parked in the spot on many occasions and did so on this particular Friday. Their was no signage of any sort when I parked. However, when I returned to the car on Monday morning signage had been erected and I'd had a ticket attached to the windscreen. My contention is that I'd not entered into any contract as their was nothing to warn me of any penalty. They have sent a picture of the car in front of a no parking sign which was taken on Saturday, after I'd left the car. I've appealed but they kept referring me to a previous case which has no relevance as the defendant was aware of signage, but was late returning. I can't find anything specific about the erection of sighs or if a warning period should be advertised. Anybody help??
John - 24-Jul-17 @ 1:25 AM
Baggy - Your Question:
I've just been issued with an NIC for a speeding offence committed on the 19th May (85mph on a dual carriageway). The NIC itself is dated the 15th July and I received it on the 19th, so on all accounts well outside the 14 day window. How do I appeal and is there an accepted format for doing so in writing?

Our Response:
See our guide Dispute a Speed Ticket Sent in Incorrect Time Frame
NoPenaltyPoints - 20-Jul-16 @ 2:35 PM
I've just been issued with an NIC for a speeding offence committed on the 19th May (85mph on a dual carriageway). The NIC itself is dated the 15th July and I received it on the 19th, so on all accounts well outside the 14 day window. How do I appeal and is there an accepted format for doing so in writing?
Baggy - 19-Jul-16 @ 12:02 PM
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