The Essex Act 1987

 

It was a lovely day in June when Mr Sandcastle (not his real name) went to the seaside at Holland-on-Sea and clearly so did everyone else. The traffic wardens were also sent out in force to generate some lovely revenue.

There were probably more people there than the amount of available parking space and a whole host of motorists decided to use the grass verge as parking spaces. Now generally inside London pavement parking, to call it that, is banned except where it is allowed, outside London pavement parking is allowed except where it is banned.

It turns out and this was new information for Mr Mustard that the Essex Act 1987 prohibits it. When decriminalisation came in this became an Act enforceable by PCN.

Mr Mustard took a look at the signage and smiled.

In this case the double yellow lines are usually held by adjudicators to apply as far as the garden wall so there would be the option to issue a PCN for that alleged contravention but it wasn't the case for Mr Sandcastle. The signs on which Essex County Council were relying related to moving traffic i.e. no vehicle, or even cycle, must drive past the sign. Mr Mustard duly made the informal challenge (in his own name as anyone could have been the driver not that you would ever catch Mr Mustard parking like this) that the sign was incorrect but the North Essex parking partnership ('NEPP'), acting on behalf of the council, said it wasn't:

It is a compliant sign but only when placed to reflect the correct set of rules. The sign for forbidding footway parking is like this:

and the signs, one of which may indicate the end of the ban, should bookend the affected area.

Mr Sandcastle waited and then received the Notice to Owner. Mr Mustard made the formal representations on his behalf and set out the argument more fully:

NEPP didn't want to admit they were cornered so they went quiet and let the clock run down to the point where by law they had to cancel.

Mr Mustard didn't mind at all the game that NEPP played, he was going to beat them at the tribunal if they had refused the representation, this way took time but saved time.

The signs are probably wrong all the way along the coast so if you have made this parking error you have a get out of jail free card but after using it please stop parking like this.