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#Post#: 74474--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: gge12
Date: June 3, 2025, 3:41 am
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Ok thanks. Disregard the event day sign on the other side of the
road. I am going to visit the location later and try and get a
picture of the normal traffic sign with the (non)laminated
traffic sign in the shot. I'm pretty sure the normal sign wasn't
covered.
#Post#: 74477--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: H C Andersen
Date: June 3, 2025, 3:46 am
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I'm pretty sure the normal sign wasn't covered.
So am I !
#Post#: 74480--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: stamfordman
Date: June 3, 2025, 3:58 am
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There may not be anything to see as this is a one day measure
for events at Brockwell Park but there are other events coming
up.
Maybe I'm missing something but shouldn't there be a no waiting
roundel sign to enforce a no waiting restriction.
#Post#: 74502--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: H C Andersen
Date: June 3, 2025, 5:02 am
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No, but this is part of the 'bit by bit' analysis which I'm
recommending the OP follows.
HTML https://www.legislation.gov.uk/uksi/1992/1215/schedule/made
-see the Schedule, Part III. 7(a) and 7(b) replicate LATOR,
whereas 7(c) stands on its own:
(c)in a case where the instrument contains provisions suspending
statutory provisions to which section 14(7) of the 1984 Act
applies[which does], such removal, replacement or covering up of
existing traffic signs as the authority may consider requisite
for the purpose of avoiding confusion to the users of the road.
#Post#: 74563--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: gge12
Date: June 3, 2025, 10:21 am
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As I thought, signs were not covered:
[attachment deleted by admin]
#Post#: 74573--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: H C Andersen
Date: June 3, 2025, 11:37 am
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I think you have a very strong case to put in front of an
adjudicator, but could we get the authority to fold before then,
I wonder?
..........
On Sunday 1 June, I parked at the location which is a parking
place situated opposite no. 53 Brockwell Park Gardens. There was
a single traffic sign within the parking place which clearly
stated the following:
Parking: Mon-Sat 7am - 7pm.
As it was a Sunday and in the absence of any other traffic signs
to the contrary, parking was therefore unrestricted.
Nonetheless, a CEO issued a PCN.
The alleged contravention is: Parked in a restricted street
during prescribed hours. (temporary traffic order)
It is unarguable that the only traffic sign displayed did not
convey a 'no waiting' restriction. It is therefore the
authority's burden to prove that the alleged restriction(no
waiting) was conveyed in accordance with regulatory
requirements. These are as follows(Part III of the Schedule to
The Road Traffic (Temporary Restrictions) Procedure Regulations
1992 refers):
PART III
TRAFFIC SIGNS
6.—(1) In this Part of the Schedule, “the authority”—
(a)in relation to an order, means the traffic authority who made
the order;
(b)in relation to a notice issued under section 14(2) of the
1984 Act, means the traffic authority or the concesssionaire who
issued the notice.
(2) In this Part of the Schedule, a reference to an instrument
is a reference to an order or notice issued under section 14(2)
of the 1984 Act as applicable.
7. The authority shall take such steps as are necessary to
secure—
(a)before the instrument comes into force, the placing on or
near each road to which the instrument relates of such traffic
signs in such positions as the authority may consider requisite
for the purposes of securing that adequate information as to the
effect of the instrument is made available to persons using the
road;
(b)the maintenance of such signs so long as the instrument
continues in force; and
(c)in a case where the instrument contains provisions suspending
statutory provisions to which section 14(7) of the 1984 Act
applies, such removal, replacement or covering up of existing
traffic signs as the authority may consider requisite for the
purpose of avoiding confusion to the users of the road.
Clearly, the authority have failed to satisfy 7(a) because there
were no traffic signs conveying 'adequate information as to the
effect of the instrument is made available to persons using the
road'.
Similarly, the authority failed to satisfy 7(c) because at all
times(and indeed still) the only existing traffic sign in the
parking place was not 'removed, replaced or covered up'.
I would caution the authority against relying upon the single
laminated A4 sheet blowing in the wind and attached at midriff
height on the traffic sign post which I saw only after receiving
the PCN. Not only is this not a 'traffic sign', its font size is
so small as to make it unreadable. Its contents(which I have
subsequently been able to retrieve online) relate only to the
restriction and do not meet the authority's regulatory burden to
place adequate 'traffic signs' and to avoid misleading motorists
by failing to cover up the existing 'traffic sign'.
The PCN must be cancelled at the earliest stage and I look
forward to your prompt confirmation.
Yours..
#Post#: 74608--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: gge12
Date: June 3, 2025, 1:04 pm
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Brilliant, thanks so much. Will give this a whirl.
#Post#: 74626--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: Hippocrates
Date: June 3, 2025, 2:32 pm
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Please screenshot their website re price status and increase
etc.
#Post#: 74683--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: gge12
Date: June 4, 2025, 3:33 am
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Do you think it's better to appeal as above on the basis that
The Traffic Management Order is invalid or due to procedural
impropriety?
#Post#: 75063--------------------------------------------------
Re: Lambeth 01a - Parked in a restricted street during
prescribed hours (temporary t
DIR By: gge12
Date: June 6, 2025, 4:57 am
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[attachimg=1]
[attachment deleted by admin]
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