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#Post#: 121161--------------------------------------------------
Re: Newham - 01a, parked in restricted street - how may I see
the temporary traffic order?
DIR By: tincombe
Date: June 8, 2026, 11:25 am
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OP, the fundamental point is this which underpins all civil
enforcement:
HTML https://www.legislation.gov.uk/ukpga/2004/18/schedule/7
See para. 3(2)(b)(i): the authority claim you breached the
provisions of a traffic order whereby they were empowered to
issue a PCN.
But they have no evidence to this effect and therefore because
the adjudication system is creaking and an adjudicator won't
adjourn for the authority to get its act together they should
allow the appeal.
Signs are irrelevant because their role is to convey via traffic
signs, the meaning of which a driver is presumed to know by
virtue of holding a licence, provisions in an order.
No order in evidence = no case.
And as I remember, the TTO merely amended a principal order(and
it's this amendment which they claim was breached) therefore
both should be in evidence. But instead you appear to have
neither.
#Post#: 121363--------------------------------------------------
Re: Newham - 01a, parked in restricted street - how may I see
the temporary traffic order?
DIR By: stamfordman
Date: June 10, 2026, 6:24 am
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Outcome.
--------
Case reference 2260024085
Appellant xxxxxx
Authority London Borough of Newham
VRM GL11PXM
PCN Details
PCN PN23465850
Contravention date 02 Sep 2025
Contravention time 09:36:00
Contravention location Credon Road
Penalty amount GBP 160.00
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 09 Jun 2026
Adjudicator Chez Cotton
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Introduction
1. The Appellant challenges a Penalty Charge Notice (PCN) issued
for being parked in a restricted street during prescribed hours
(Code 01).
2. This appeal was scheduled as an online hearing at which the
Appellant appeared in person. The Enforcement Authority (EA) was
not due to attend but instead provided their evidence
electronically.
The Appellant’s case
3. The Appellant’s case is that the PCN has been issued without
a statutory basis underpinning it, since the Traffic Management
Order does not support the restriction set out on the signage by
the EA.
4. Further, the EA refer to a ‘suspension’ in the evidence
presented, whereas the PCN is issued for a ‘waiting’
restriction.
5. Further, the signage in place in the relevant road is
inadequate and does not allow a reasonably careful motorist to
see the restriction in place and avoid a contravention.
6. Further, there was no adequate warning of any suspension, and
the Appellant’s vehicle was parked in advance of the suspension
signage being put in place.
7. In these circumstances the Appellant asks for the PCN to be
cancelled.
Enforcement Authority’s Case
8. The Enforcement Authority (EA) rely on photographic evidence
to show the contravention occurred. Photographs of the signage
has been provided. The EA says this shows the restriction is
signed and clear, and, further, enforceable under a valid
Traffic Management Order (TMO), a copy of which is provided.
9. The EA has considered the Appellant's representations. The EA
state ‘A Temporary Traffic Order (TTO) was in force at the
location on the date of the contravention. The purpose and
effect of the order was to prohibit waiting within the affected
length of highway during the relevant period.’
10. The EA state the use of the word ‘suspension’ does not alter
the legal nature of the restriction created by the order, or
invalidate the contravention alleged.
11. The EA add, ‘The TTO provides that the restriction applies
when appropriate prescribed traffic signs are placed. On the
date of enforcement, temporary traffic signage was in situ, as
evidenced by the CEO photographs. The signage clearly conveyed:
• that the previous parking provision was not available, and •
the hours during which waiting was prohibited (8am–6pm). The
authority contends that the signage was clear, visible, and
adequate to inform a reasonably diligent motorist of the
restriction in force. Temporary traffic orders commonly operate
for defined periods rather than “at any time”, and the inclusion
of operational hours on the sign does not invalidate the
restriction or render the signage inappropriate.’
12. The EA does not wish to exercise their discretion.
13. The EA maintain the PCN was correctly issued, there was no
procedural impropriety and the contravention occurred.
Findings and Conclusion
14. I have considered all materials presented by both parties.
Although each piece of evidence is not specifically referred to,
it has contributed to, and informed, the decision I have made.
15. I found the Appellant credible and measured in his evidence.
16. In the first instance it is for the EA to establish a prima
facie case, including the statutory basis on which any penalty
can be enforced. The
17. Based on the photographic evidence footage provided, and
additional evidential materials from the EA, I am satisfied the
Appellant’s vehicle was in the relevant location, at the
relevant time. I am further satisfied that if a contravention
has occurred, it is enforceable by way of a valid Traffic
Management Order, which I have seen.
18. The question I must decide relates to whether the signage in
place was substantially compliant, clear and adequate. In this
respect the Public Notice attached to the Case Summary in
Evidence B states at paragraph 1,
‘The NEWHAM LONDON BOROUGH COUNCIL hereby gives notice that to
allow London Borough Newham Green Space and its contractors, to
carry out works on or near the road; it made an Order the
general effect of which will be to close the roads listed in
Schedule 1 below.’
19. I am unable to consider the Temporary Prohibition of Traffic
Order itself, since this is provided by way of a photograph of
an A4 sheet, with dense type writing, included in Evidence C. If
I enlarge it to a size I can read, it becomes illegible. I am
therefore unable to satisfy myself that there is a statutory
basis for the EA to enforce a PCN, and on balance. I allow the
appeal on this basis.
20. However, for completeness, I note the Public Notice sets out
that the roads listed will be closed. There is no reference to
parking bays being suspended, or of any suspension time.
21. Further, if a suspension of the relevant bay was supported
by a temporary TMO, the EA has provided no evidence of advance
warning, or any evidence of what vehicles were parked at the
relevant location in advance of any warning notices being
erected. On balance, I accept the Appellant’s vehicle was parked
in advance of any warning notice being placed, and I would allow
an appeal on this basis. (Although there is no requirement for
this, since I find the EA has not established the statutory
basis for enforcing a penalty in any event).
22. For these reasons I find a contravention did not occur and
the PCN has not been validly issued.
Decision
23. The appeal is allowed.
#Post#: 121368--------------------------------------------------
Re: Newham - 01a, parked in restricted street - how may I see
the temporary traffic order?
DIR By: neverpaying
Date: June 10, 2026, 8:22 am
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--- Quote from: stamfordman link ---
>
> This case from yesterday is indicative of the mess Newham
makes of these TTOs.
>
> -
>
--- End Quote ---
Yes it seems, from reading the assessment, that the adjudicator
would have accepted more than one of my points. Although, it was
unexpected that she tried to read the TTO from the CEO's
photographs even if it wasn't submitted under evidence. I also
struggled to read it from that during the hearing.
Though I know it is not binding, it was also interesting to see
that there was a valid concern in the time between the sign
being erected and the penalty charge being issued.
Thank you to [member=7970]tincombe[/member] and yourself for
your help.
#Post#: 121370--------------------------------------------------
Re: Newham - 01a, parked in restricted street - how may I see
the temporary traffic order?
DIR By: stamfordman
Date: June 10, 2026, 8:33 am
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I didn't realise it was your case. Have edited your name out.
I think some adjudicators are rather out of their depth with
these TTO cases.
Apart from TTO issues I think the presence of that one sign was
not sufficient no matter what it was.
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