Author Topic: Bromley PCN 21- Parking in a suspended bay Wendover Road  (Read 1467 times)

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Bromley PCN 21- Parking in a suspended bay Wendover Road
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As per the title, we have had roadworks on our road from 19th-21st January. The roadworks finished on the 20th and absent mindedly as a creature of habit, after coming back from the gym on 21st January in the morning. I parked in the bay outside my house. I came out 15 minutes later to go to work and there was a lovely PCN waiting for me. Is there any chance of an appeal or am I just wasting my time? Thanks

My PCN no. is BY28005604 and registration GD15FDK

This is the location: https://maps.app.goo.gl/QAM7PwAfKA5PzzjX9


and these are the photos:

https://imgpile.com/p/Ncl2EZo#6Kx0rts


https://imgpile.com/p/Ncl2EZo#2oOcToC

https://imgpile.com/p/Ncl2EZo#GTL2sEX

https://imgpile.com/p/Ncl2EZo#Ul9i3nK
« Last Edit: January 21, 2026, 09:54:41 pm by boggler »

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Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #1 on: »
If the works had finished the suspension had no validity technically so it's worth a go on this if you have proof of some sort it was indeed over.

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #2 on: »
Thanks. The parking bay was exactly where the work was taking place but unfortunately I do not have photos showing the work in action and then complete as it were. When you say it is worth having a go. All the way to tribunal or just first stage council appeal?

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #3 on: »
There is a roadworks map for 21st January and as highlighted in yellow, our road is clear of any roadworks...

https://imgpile.com/p/Ncl2EZo#2HsIH7J

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #4 on: »
How does this sound for a first stage appeal to the council? Thanks

Grounds for Appeal: The Contravention did not occur

The parking bay was suspended for utility works from 19 January 2026 until and including 21 January 2026. However, the utility works were completed on 20 January 2026 and the bay was clear and fully usable on the morning of 21 January when the PCN was issued.
As the purpose of the suspension had ceased, the suspension itself had no continuing effect and should not have been enforced. A parking suspension may only lawfully remain in force for as long as it is necessary for the stated purpose.
The council’s own roadworks map for 21 January (which I have attached) show no active works on Wendover Road. In addition, the CEO’s own photographs show no works, equipment, barriers or obstructions present in or near the bay, corroborating that the reason for the suspension had ended.
Furthermore, I am also a resident permit holder for this bay and parked in my usual permitted location outside my home once the works were complete. No obstruction was caused and the bay was not required for any works or other purpose at the time.
In these circumstances, it can reasonably be asserted that the contravention did not occur and I request that the PCN be cancelled.


Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #5 on: »
I think we have a case or two plus some legal backup but I can't find it/recall it exactly.

I'll have another look tomorrow.

They are bound to reject at this stage.

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #6 on: »
Thanks. It is much appreciated!

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #7 on: »
Is it the Guidance to Local Authorities in the Traffic Management Act 2004 that I need to quote? Thanks

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #8 on: »
Is it the Guidance to Local Authorities in the Traffic Management Act 2004 that I need to quote? Thanks
I think you mean this, the Statutory Guidance, which, under the TMA 2004, councils must have regard to:-
 
https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

The only thing about this guidance is it is only guidance, and councils can ignore it. However, if it is one the points in an appeal at the adjudicators, the council would be expected to say why the guidance has been ignored. Trouble is a lot of naive adjudicators just dismiss it with "its only guidance".

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #9 on: »
But some of us representatives are a dog with a bone.
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #10 on: »
But some of us representatives are a dog with a bone.
And long may it continue to be so !!

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #11 on: »
Some info on need for suspension ending in this case - it seems the key is that the authorisation for the suspension sign usually says the sign cannot stay after it is no longer needed.

In this case though this wasn't in the authorisation but could be argued from the traffic order perhaps.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/suspended-bay-with-insufficient-signage-and
« Last Edit: January 24, 2026, 07:53:37 pm by stamfordman »

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #12 on: »
So, should I change the wording of my appeal slightly?

Maybe add this at the end? "In addition, I note that under the Traffic Management Act 2004 the authority is required to have regard to the Secretary of State’s Statutory Guidance, which emphasises proportional and fair enforcement."

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #13 on: »
So I sent my appeal in and have not heard anything back. I have been to the website and when I click on payment, I see the following:


https://imgpile.com/p/k66DeD9


Does this mean my first appeal has been rejected? Do I move to the next stage of the appeals process now even though I have not received any reply?

Thansk for any advice.

Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« Reply #14 on: »
You need to phone them, because it looks strongly as if they have, (as usual) rejected your informal challenge to the PCN, and have sent a Notice to Owner out. Are you the owner, and is the name and address on your V5C Registration Certificate up-to-date ?