London Borough of Richmond Upon Thames – Parked restricted street during prescribed hours

SITUATION

The appellant parked their vehicle on a single yellow line, with a disabled badge. The clock was set to 12 midday. A Civil Enforcement Officer (CEO) issued a Penalty Charge Notice (PCN) at 15:11.


The Enforcement Authority (EA) state that the vehicle was over the 3 hour maximum time limit granted to blue badge holders.

However, the appellant claims they were unaware of what the restrictions were for that yellow line.


WHY WAS IT ALLOWED?

The adjudicator was not satisfied that the images taken by the CEO of the clock was set exactly at midday, it appeared to be a little after that. This meant the time the PCN was issued and the time the clock appeared to be set at, could have been minimally over 3 hours.

However this was not the reason the adjudicator allowed the appeal.

It was allowed on the basis that the EA did not prove to the adjudicator that the particular yellow line restriction time, was communicated to the driver. This is generally done by clear signage at the location or through Control Parking Zones (CPZ) signs at the entrances of the zones. The traffic management order stating the restriction times is not enough on its own.

Therefore the appeal was allowed.