Free Traffic Legal Advice

Penalty Charge Notice Number: KE64630116
Vehicle Registration Number: RK18PFJ
Date of Notice Issue: 09/12/2024

Hi all,

I KNOW I should have come to you first - but I responded to this ticket with an appeal outlining the following (annoyingly I don’t seem to have access to my actual response?):

I parked in this pay-as-you-go bay on the Monday morning and I saw the parking suspension sign from my window and noted that the dates on the sign were from the previous week - ending on the Friday past.
I logged in the PaybyPhone app and paid for my parking.
When I returned to my car I saw I had a ticket. A K&C council worker was in attendance at the same time, removing the sticker which listed the passed dates from the sign. At this point, I noticed that there was a sticker with the current day’s (Monday’s) date on it, above the expired dates at the bottom. Please see my photo here - https://drive.google.com/file/d/1Oce3QUNk72JuC-slayt7yowDjDMn6lJD/view?usp=drive_link

I argued that a) the signage was unclear because there were multiple dates on the same sign (which may well be allowed?) but confusing that the earlier dates were at the bottom.
b) I clearly had the right intentions as I paid for my parking on the app. I thought, though I can’t prove/test it, that the app usually prevents me from paying where there is a suspension in place.

It seems from the dates on the stickers on the sign that there was a suspension in place the previous week, and perhaps this was extended last minute to further cover the Monday, which would explain how the signage was laid out.

Anyway, on Saturday I received a very computer says no response from the council reiterating the PCN, which irked me somewhat, though I realise I did park in the suspended bay  ... Here is their response: https://drive.google.com/file/d/1gALR0iWiJIIe7h-8vXaTfW-lVzMCkHZO/view?usp=drive_link

Do I have any grounds to appeal again? Maybe there are some rules about suspension signage? Or do you think I just have to accept this one and move on?

Many thanks,

Krissi

You need to remove yr name & address from the council letter.

Thank you John. Working on that.

Thank you for your response Incandescent: It is quite possible that the Monday date was on the sign when I pulled in (and the sticker says it was posted on the Friday before). Unfortunately I would have just seen the dates on the bottom sticker from my window and thought I was safe. I did not realise that there could be more than one date on a sign, and that they could be in random order. It is an oversight on my part - but I would say the signage is unclear. I don't know whether that is enough to appeal again. I am frustrated as I am constantly paying for parking in this borough, and it isn't cheap!

Also thank you stamford man for your reply just posted - no I am not sure - I think I have had it happen before but it could be there was another reason that bay was unavailable at the time I was trying to book.

I have requested a copy of my original appeal from the council and will post when I have it. Please do say if you think I don't have anything or enough to go on.

K&C has a suspension alert for bays in the borough which may help you in future.

https://www.rbkc.gov.uk/Parking/suspensionsearch.asp

It seems they did extend the removal suspension for Monday with an update on Friday - we can't fault them as they do unusually for councils include a date posted on the sign (although whether it happens as said is not necessarily true).

I think you have a reasonable case to try and get them to exercise discretion at formal stage given your sight of the sign and buying time in good faith. But the tribunal can't apply mitigation should they reject but they'll probably reoffer the discount. 

The next stage is to wait for K&C to serve a notice to owner on the registered keeper. Only after rejection of representations to the NTO can an appeal be lodged with the tribunal.