Author Topic: Does anyone know the Law regarding Council Suspending Parking Bays?  (Read 397 times)

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Hi

My Council has decided to extend their CPZ (Controlled Parking Zone) into my street and last week suspended all Parking Bays in the area. At 09:22 on the day of line marking a cheery red dyed bearded bald twat slapped a ticket on my car before I could move it from my advisory DISABLED space.

CODE 21:-Parked wholly or partly in a suspended bay or space.

I immediately emailed an informal challenge, stating that Advisory DISABLED bays aren't actually enforceable bays according to TSRGD and as such don't really exist in Law. Anyone can park in them and PCNs cannot be enforced for not having a Blue Badge. They really exist in the hope that decent people will keep them free for the DISABLED to park closer to their homes.

My argument was that the Council cannot suspend that which lawfully does not exist.

There is a however...........I was effectively parked on the pavement. Had the CEO issued a PCN for parking on the pavement, I wouldn't had had much of an argument.

Having said that. Does anyone think I have a shout of getting this cancelled at formal challenge??

Thanks for your time

SpiderWriter

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Please post up a copy of the PCN and your challenge.  I assume you haven't had a response yet?

Thanks for the reply.

I don't mean to be difficult, but there isn't a need to post a copy of the PCN or my informal challenge, which I received a refusal email for today. Simply quoting that my car was in the advisory/courtesy DISABLED bay while a parking suspension was in force.

My argument, if there is one, is that the Council cannot suspend a DISABLED Bay that is neither a legal or enforceable Bay. Essentially being a non-entity in Law.

I'm looking for Law that covers this or something similar. If I can prove the Bay isn't really a Bay, then the PCN isn't legal or enforecable.

Please point away to the horizon folks.

Cheers

Spidey

This section is for live PCNs. If you don't want your case looked at we'll move it to the Flame Pit section or delete it.

I have a live PCN. I thought I'd made that clear. I've made an informal challenge. Also made that clear.

I'd like some comment on the question I asked. If there's no legal basis for a challenge I'll conceed and pay the reduced fine. There isn't a need to be rude. Isn't this just like the fightback forums. Some people just can't be nice.

"Do as you're told or we'll delete you!"

It's not much of an advice site if you do that. Don't you think?

Spidey

I have a live PCN. I thought I'd made that clear. I've made an informal challenge. Also made that clear.

I'd like some comment on the question I asked. If there's no legal basis for a challenge I'll conceed and pay the reduced fine. There isn't a need to be rude. Isn't this just like the fightback forums. Some people just can't be nice.

"Do as you're told or we'll delete you!"

It's not much of an advice site if you do that. Don't you think?

Spidey
Nobody's being rude, but we do have to make sure OPs on here are wanting advice on actual PCNs ! So where is this PCN which you mention ? Have you read this at all ?
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

We do have to know what we are dealing with in order to give good advice. We are not clairvoyant.
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I'm sorry but there was a good deal of rudeness.

I never asked anyone to look at a PCN. I'm more than capable of doing that. I'd like to know if anyone has legal knowledge of Councils suspending Parking Bays in the circumstances I described. I received a PCN as a result of their actions and I'm wondering if anyone can help.

Simple really.

The answer to your question is - yes.

The answer in your specific situation - no idea without seeing the details most other posters provide without thinking they know better. 

Hope that helps!

a cheery red dyed bearded bald twat

Talking of rude... That wasn't a good start and you went downhill from there.

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Don't bother. You guys are the same type of blunt rude idiots from fightback forums.

Don't bother. You guys are the same type of blunt rude idiots from fightback forums.
Goodbye

Re: Does anyone know the Law regarding Council Suspending Parking Bays?
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Would I be wrong in hoping Spider misses the reduced period