EV bay signage non-compliant with TSRGD 2016
EV bay restrictions must be communicated by signs and markings compliant with TSRGD 2016 — prescribed bay marking with EV plug symbol plus an upright sign. Common defects: missing EV symbol, sign obscured by tree/van, sign placed too low, or non-prescribed wording.
Legal basis
Traffic Signs Regulations and General Directions 2016 (SI 2016/362), Schedule 4 Part 4 and Schedule 11; Road Traffic Regulation Act 1984 s.85; Herron v Sunderland City Council [2011] EWHC 2188 (Admin)
How to identify this in your case
Photograph the bay markings (must include EV plug symbol) and the upright sign (must be visible from driver's seat on approach). Compare against TSRGD 2016 diagrams.
Sample appeal wording
Dear Sir/Madam, Re: PCN [NUMBER] — EV Bay — [LOCATION] — [DATE] I challenge this PCN on the ground of defective signage. TSRGD 2016 (SI 2016/362) requires prescribed signs and markings to communicate an electric-vehicle-only bay restriction (Schedule 4 markings; Schedule 11 upright signs). At [LOCATION] on [DATE]: - [Sign defect: upright sign missing / obscured by foliage / not prescribed diagram / faded beyond legibility] - [Marking defect: EV plug symbol absent / faded] Photographs attached, taken on [DATE] at [TIME]. In Herron v Sunderland City Council [2011] EWHC 2188 (Admin) the Court confirmed a PCN cannot stand where prescribed signs are not in place. A reasonable motorist could not have appreciated this was a restricted bay. Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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