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#Post#: 61990--------------------------------------------------
Re: Reading Borough Council - (16) Parked in a permit space
without displaying a valid permit - Katesgrove Lane
DIR By: fraser.mitchell
Date: March 11, 2025, 4:37 pm
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--- Quote from: gt3 link ---
>
> bump - any advice please?
>
--- End Quote ---
Your proposed reps looks OK to me, so ram it up them !
#Post#: 62157--------------------------------------------------
Re: Reading Borough Council - (16) Parked in a permit space
without displaying a valid permit - Katesgrove Lane
DIR By: H C Andersen
Date: March 12, 2025, 1:13 pm
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PCN *******
On *** I parked my car as seen in the council's photos. I
noticed and consulted the traffic sign immediately ahead of my
car which, as regards the time at which I parked, conveyed that
I was parked in a shared use bay. As I was not a 10R permit
holder, I was restricted to a maximum of 2 hours' free parking.
I returned to my car at ***, well before my permitted parking
time had elapsed.
I found the PCN which alleged that at 16.41 I was parked in a
'Permit space'. I checked the sign again which confirmed that I
was not so parked, in fact the free parking period extended
until 8pm. At this time I also noticed that hanging on the
column was a plaque which, as the photos show, comprises only
three words, namely 'Permit Holders Only'. The council's
response to my informal challenge states that this is a traffic
sign which has been placed at the point where a restriction
changes and is the basis upon which the council's claim rests.
It is a false basis and the PCN must be cancelled.
The Traffic Signs etc. Regulations state clearly the component
parts of a single sign and the plaque fails to meet the most
fundamental of these:
10.—(1) The sign must have a symbol of the size, colour and type
shown in column 3 of the sign table in Part 4 for the
description in question.
(my emphasis)
None the required symbols is included because the plaque
contains only words whereas what is specified in this case is
the letter 'P' on a blue background.
In addition, none of the other matters recommended in the
Traffic Signs Manual has been adopted by the council- which they
would have to explain to an adjudicator- for example arrows
pointing in the directions in which the alternative restrictions
apply.
As the words 'Permit Holders Only' without the required symbol
do not constitute an approved traffic sign then any restriction
contingent upon this being a specified sign cannot stand as the
council would not have met their obligation under regulation 18
of 'The Local Authorities' Traffic Orders (Procedure) (England
and Wales) Regulations 1996'.
I would also add that the contravention description used in the
PCN is invalid. This states:
Parked in a permit space without displaying a valid permit.
However, as the authority know(because it's stated on the
council's website -
HTML https://www.reading.gov.uk/vehicles-roads-and-transport/parking-permits/digital-parking-permits/<br
/>) -
From 1 November [2024] if you already hold a valid paper
resident permit, you will no longer need to display this in your
vehicle.
It therefore follows that as parking in a permit space or zone
without displaying a valid permit is no longer a requirement
then non-display cannot be grounds for a penalty charge.
Some thoughts
#Post#: 62215--------------------------------------------------
Re: Reading Borough Council - (16) Parked in a permit space
without displaying a valid permit - Katesgrove Lane
DIR By: gt3
Date: March 12, 2025, 5:39 pm
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Amazing, thank you.
I noticed you didn't mention the bay marking, is this because
the signage defence is strong enough alone or is it not a valid
point?
#Post#: 64399--------------------------------------------------
Re: Reading Borough Council - (16) Parked in a permit space
without displaying a valid permit - Katesgrove Lane
DIR By: gt3
Date: March 27, 2025, 6:21 am
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Not all that surprising, NoR has turned up. I will be taking it
to the tribunal, what should I know before going for it?
Tips/advice much appreciated.
HTML https://imgur.com/a/ORvix09
#Post#: 64513--------------------------------------------------
Re: Reading Borough Council - (16) Parked in a permit space
without displaying a valid permit - Katesgrove Lane
DIR By: fraser.mitchell
Date: March 27, 2025, 2:14 pm
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--- Quote from: gt3 link ---
>
> Not all that surprising, NoR has turned up. I will be taking
it to the tribunal, what should I know before going for it?
Tips/advice much appreciated.
>
>
HTML https://imgur.com/a/ORvix09
>
--- End Quote ---
So with no re-offer of the discount, it is now a total
no-brainer to take them to the Traffic Penalty Tribunal.
#Post#: 64687--------------------------------------------------
Re: Reading Borough Council - (16) Parked in a permit space
without displaying a valid permit - Katesgrove Lane
DIR By: gt3
Date: March 28, 2025, 2:45 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=gt3 link=topic=4738.msg64399#msg64399
date=1743074475]
> Not all that surprising, NoR has turned up. I will be taking
it to the tribunal, what should I know before going for it?
Tips/advice much appreciated.
>
>
HTML https://imgur.com/a/ORvix09
>
--- End Quote ---
So with no re-offer of the discount, it is now a total
no-brainer to take them to the Traffic Penalty Tribunal.
[/quote]
Agree, will be doing that. Hopefully they'll take a better view
of it than the council
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