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proceduralUK · England & WalesDifficulty: moderate

Permit Bay Sign Missing or Not Showing the Bay's Own Hours

Every designated parking place inside a controlled parking zone — including permit-holder bays — must have its own upright sign, and where the bay does not operate at all times the sign must show the bay's own hours, even if they are the same as the zone's. If the bay you used had no sign, an unreadable sign, or a sign that failed to show when the permit requirement applied, the restriction was not adequately indicated and the charge should not stand.

Legal basis

Traffic Signs Manual Ch 3 (2019) para 14.1.6 ('The times of operation, where not continuous, are always shown on the sign, even where they are the same as those shown on the zone entry sign'); Traffic Signs Regulations and General Directions 2016 (SI 2016/362), Sch 4 (parking place signs); Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489) reg 18; Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (SI 2022/576) reg 5(4)(a), (f) WALES: this row is served in Wales as well as England, and the instruments cited above are the England regulations. The Welsh equivalents are the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 (SI 2013/359) for the grounds of representation and the appeal machinery, and the Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013 (SI 2013/362) for the general provisions. A Welsh notice should be answered on the Welsh instrument; the argument is the same, the citation is not.

How to identify this in your case

Photograph the bay you parked in and the nearest upright sign serving it. Is there no 'permit holders only' plate for that run of bays, or is the plate faded, twisted away, obscured by foliage, or missing its hours of operation while the bay only operates part-time? Capture the whole bay length so the council cannot point to a distant sign you could not reasonably have seen.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

I make representations against this PCN for the alleged permit-bay contravention on the ground that the contravention did not occur and/or there has been a procedural impropriety. The parking place in which the vehicle was left was not signed as required: there was no legible upright sign serving the bay indicating the permit requirement and its times of operation. The Traffic Signs Manual (Ch 3, para 14.1.6) requires designated parking places within a controlled parking zone to be individually signed with their times of operation, and regulation 18 of SI 1996/2489 required the council to give adequate information as to the effect of its order. I put the council to strict proof, by dated site photographs and its signing records, that a compliant sign served the bay at the material time.

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