Yellow Line Sign Hours Contradict the Council's Traffic Order
A yellow line restriction is only enforceable if the hours shown on the street signs match the hours in the council's written traffic order. If the time plate says one thing and the order says another, drivers were not given adequate information about the real restriction, and the Traffic Signs Manual warns that incorrect signing can make the order unenforceable.
Legal basis
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489) reg 18; Traffic Signs Manual Ch 3 (2019) para 1.2.2; Road Traffic Regulation Act 1984; Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (SI 2022/576) reg 5(4)(a), (f), (g) 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 time plate or zone sign covering where you parked, noting the exact hours and days shown. Then ask the council (or check its online TRO register) for the traffic regulation order covering that street. If the hours, days or extent in the order differ from what the signs say, this ground applies.
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 contravention 01/02 on the grounds that the alleged contravention did not occur, there has been a procedural impropriety, and/or the order is invalid as it relates to the location. The times displayed on the signage at the location do not correspond with the times of the restriction in the underlying traffic regulation order. Regulation 18 of SI 1996/2489 obliges the authority to place signs giving adequate information as to the effect of the order; signage that contradicts the order cannot do so. I request a copy of the relevant order and put the council to strict proof that the signing at the location correctly reflected it at the material time.
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Related appeal grounds
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- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings