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Clearway Off-Hours Defence

Clearways are governed by Article 40 of S.I. 182/1997 with RUS-026/RUS-027 plus information plate stating hours. Most operate only at rush-hour. Outside those hours the clearway prohibition does not apply.

Legal basis

Road Traffic (Traffic and Parking) Regulations 1997 Art. 40; Road Traffic (Signs) Regulations 1997.

How to identify this in your case

FCN time-stamped outside clearway hours; photo of operational hours plate at start of clearway.

Sample appeal wording

To: [Issuing Authority] Re: FCN [NUMBER] - 'Parking on a Clearway' The clearway at [LOCATION] operates only during [HOURS - e.g. 0700-1000]. FCN timed [TIME] - outside operational hours. Under Art. 40 of S.I. 182/1997 a clearway is in force only during hours indicated on the accompanying information plate. Outside those hours, no clearway offence can be committed. Photograph of clearway sign and information plate enclosed. Cancel the FCN. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.

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Sources

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