Why council can't admit to true scale of parking problem
The writing s on the wall for Camden – and the signs (and lines) are very bad indeed. Ignorance of the law is no excuse. But ignoring the law in the full knowledge that your actions are contrary to law to obtain monies from unsuspecting motorists is fraud
The writing's on the wall for Camden - and the signs (and lines) are very bad indeed. Ignorance of the law is no excuse. But ignoring the law in the full knowledge that your actions are contrary to law to obtain monies from unsuspecting motorists is fraud.
No matter how much councils attempt to spin, twist and obfuscate, the use of unlawful, or non-prescribed signs and lines on the highway is illegal. Any council that has income from such unlawfully marked restrictions has been unjustly enriched and the motorists are entitled to restitution.
The attitude of council officers (and often the adjudicators) appears to be that adherence to such fundamental and pedantic legal requirements are not necessary because 'de minimis non curat lex' or in layman's terms 'the law doesn't concern itself with trifles.'
If that were the case then the same should apply to every motorist who has ever been ticketed for being slightly out of a bay or a couple of inches on a yellow line or a couple of minutes late back to a meter.
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But would it be in the interests of the Parking and Traffic Appeals Service (PATAS) adjudicators to apply this principle when their very funding is dependent on the number of PCNs issued? Would it be in the interests of the council to suspend enforcement in areas where the signs are unlawful - and see their 'nice little earner' dry up?
Well, when you consider that the majority of restrictions in London do not comply with the law then it would mean cancellation of millions of tickets and a massive loss of revenue for the councils, hence the reluctance to admit the scale of the problem.
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The law does concern itself with trifles and that is why the Traffic Signs Regulations and General Directions 2002 (TSRGD) was produced to great detail. It isn't complicated, and there are working drawings produced by the Department for Transport to assist councils to ensure that signs are clear, unambiguous and lawful.
Camden Council (and most other London boroughs) have paid scant regard to the legislation and decided that 'if it looks like a parking bay then it's good enough.' Sorry guys, that ain't what the law says.
If you want the full defence against a parking ticket issued in locations signed like those shown then www.parkingappeals.co.uk will be happy to oblige. Parking Appeals.co.uk was recently responsible for the refunding of £350,000 to Sheffield motorists. Knowledge is power!