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#Post#: 79707--------------------------------------------------
Warwickshire County Council, Code 02 PCN
DIR By: pen2paper
Date: July 5, 2025, 12:29 pm
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Good afternoon,
Motability vehicle parked in good faith with valid blue badge,
two disabled occupants and a young child (Waterside,
Stratford-Upon-Avon) on double yellows ahead of a bus stop (with
good clearance) and directly behind a string of designated bays
that were all occupied.
Returned to vehicle to find PCN on windscreen. Two pairs of no
loading lines to the left of the vehicle can barely be seen -
very worn - that went unnoticed on approach in part due to there
also being a wall to the left of the road, and parking tight as
to not obstruct traffic. No pavement impeded. No signage in
CEO's photographs - no timestamp/metadata evidence provided
despite request - merely an assurance. One pair of kerb blips
are actually painted over a drain that was covered in leaves.
Response from local council (abridged) stating they are unable
to advise further until NTO issued:
"Code 02, AWC, FWC, DNS, No loading unloading . blue badge time
clock seen. Sign and lines checked. No note on dash. No
dispensation or permit."
"I would add that legislation dictates that signage is not
required when there are clear double yellow lines in place,
accompanied by double kerb markings, as this would indicate that
no loading is permitted at any time [...] In response to your
comments advising that you were not causing an obstruction,
please note that PCNs are served to all vehicles that fail to
park in adherence to the parking restrictions, irrespective of
the opinion of the driver, which is subjective [...] I
acknowledge that you have made reference to a different case
where the PCN was cancelled however, all challenges are
investigated individually on an impartial basis in line with the
council's policy. Therefore, this would have no bearing on the
case."
Grateful for any advice, please. Cheers,
#Post#: 79710--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: catnip
Date: July 5, 2025, 12:55 pm
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Please have a read of this post and let us see the PCN and
relevant photos.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 79713--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: pen2paper
Date: July 5, 2025, 1:19 pm
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HTML https://drive.google.com/drive/folders/1jVMinRS9As8CIPKWI1RDk3ZbmoB1Gtyo?usp=drive_link
HTML https://maps.app.goo.gl/myCaptP714nYavks8
#Post#: 79715--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: stamfordman
Date: July 5, 2025, 1:29 pm
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I can see why you missed that - not an obvious place for loading
blips.
It was though clear with a sign last June:
HTML https://maps.app.goo.gl/X8mMn4tQq543RfTQ7
HTML https://i.imgur.com/5sjIY0p.png
HTML https://i.ibb.co/nM0GPscX/IMG-1962.jpg
HTML https://i.ibb.co/RTY2PKSt/IMG-1965.jpg
#Post#: 79716--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: pen2paper
Date: July 5, 2025, 1:35 pm
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Absolutely. They were covered in yellowing leaves on the day and
were already worn. Couldn't see them on approach, certainly.
#Post#: 79717--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: stamfordman
Date: July 5, 2025, 1:38 pm
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I've just updated my post with a pic of last year which is
pretty clear. But the fact you missed this is a factor but they
don't agree.
#Post#: 79718--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: pen2paper
Date: July 5, 2025, 1:40 pm
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I did request material evidence of any signage on the day of the
alleged infraction. I can see no examples in any of their
images.
#Post#: 79728--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: H C Andersen
Date: July 5, 2025, 3:46 pm
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I did request material evidence of any signage on the day of the
alleged infraction. I can see no examples in any of their
images.
The signs are clear i.e. they comprise the DYL and double kerb
blip road markings which signify no waiting 24/7 and no loading
24/7.
The blips are as clear in their photos as in GSV from 1 year
ago.
IMO, you would not convince an adjudicator on the issue of
signs.
From the Act:
64General provisions as to traffic signs.
(1)In this Act “traffic sign” means any object or device
(whether fixed or portable) for conveying, to traffic on roads
or any specified class of traffic, warnings, information,
requirements, restrictions or prohibitions of any description—
(a)specified by regulations made by the [F1relevant authority] ,
or
(b)authorised by the [F1relevant authority] ,
and any line or mark on a road for so conveying such warnings,
information, requirements, restrictions or prohibitions.
My emphasis.
#Post#: 79732--------------------------------------------------
Re: Warwickshire County Council, Code 02 PCN
DIR By: pen2paper
Date: July 5, 2025, 4:55 pm
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Thank you. My argument is that the road markings cannot be seen
on approach due to excessive wear at the time of the alleged
infraction - including the presence of the nearby wall, and
foliage that obscured them. Essentially, by the time you're
parked, it's too late. Even the photographs taken by the CEO are
not entirely clear, and the council has not provided TROs
relevant to the location, or any metadata as requested, so they
are asking me to accept their evidence in good faith.
I'm curious, how worn do road markings need to be before this
can be taken into account?
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