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Scotland — Edinburgh / Glasgow / Aberdeen / Dundee Designation Order: signage non-compliance

Each Scottish council with decriminalised parking enforcement operates under a Road Traffic (Permitted Parking Area and Special Parking Area) Designation Order — Glasgow City Council 1999, City of Edinburgh Council 1998, Aberdeen City Council 1999, Dundee City Council 1996, etc., subsequently amended. Each Designation Order requires signage compliant with the Traffic Signs Regulations and General Directions 2016 (TSRGD) at the entry to the controlled area, and on each yellow line / restriction. Common defects: missing entry sign at zone boundary; controlled-zone time plates not matching painted lines; double yellow lines without the 'no waiting at any time' sign nearby (only required at zone entries but often misunderstood); 'loading bay' signs without sufficient prescribed contents; CPZ (Controlled Parking Zone) entry signs faded/obscured. Signage non-compliance is a 'contravention did not occur' ground or 'order invalid' ground for SPAS appeal.

Legal basis

Road Traffic Regulation Act 1984; TSRGD 2016 (as applied to Scotland); relevant council's Permitted/Special Parking Area Designation Order

How to identify this in your case

Photographs of signage at the alleged contravention location showing missing/faded/obscured/non-compliant entry signs or restriction signs.

Sample appeal wording

Dear [COUNCIL], Re: PCN [PCN_NUMBER] Representations: ground (a) contravention did not occur and/or (f) order under which PCN issued is invalid. The signage at the alleged contravention location is non-compliant with TSRGD 2016 [diagram XXX] as applied by the [COUNCIL] Permitted Parking Area / Special Parking Area Designation Order [YEAR]. Specifically: [Use applicable:] — No CPZ entry sign at the zone boundary on [STREET]; — Time plate on [STREET] is faded and unreadable; — Restriction marking ([yellow line / box junction / loading bay]) lacks the prescribed accompanying upright sign within the prescribed 30-metre maximum spacing; — Sign mounted at [HEIGHT] outside the TSRGD specification. A driver could not have understood the restriction. Photographs at Annex A; OS map showing sign positions at Annex B. Please cancel under representations, failing which I will appeal to the Scottish Parking Appeals Service. Yours faithfully, [NAME]

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

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Sources

  • TSRGD 2016
  • council Designation Orders

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