Free Traffic Legal Advice

Hi,

Would someone help me with a PCN, code 21 in Lambeth.

I parked in a bay on 12th December about 11am. When I went to use the car on 14th of December I noticed 2 PCN, one from 12th and one from earlier that morning on the 14th. I was aware there were roadworks on the other side of the road but I didn't believe there was any suspension in the bay where I was parked. What can I do in this situation?


First PCN from 12th December 2024 (LJ33409876)


Second PCN from 14th December 2024 (LJ33411470)


The parking suspension notice says 8 to to junction of Kestrel Avenue which excludes the bay I was parked in.


A map from google satellite image below shows the position of where I was parked and where the notice says the parking spaces are suspended.


Google Map Address where alleged contravention occurred.
https://maps.app.goo.gl/yceqYvHKAqyKDyXJ8

GSV shows where you parked is a separate bay with its own sign, then there is a gap for the gated entrance into a property. Then there is a second bay after that with its own sign.
This GSV view shows the two bays and the two signs.
https://maps.app.goo.gl/TUobNzd5a8XbbReG6
So if they wanted to suspend the bay you were in, they are required to place a suspension sign on the sign for your bay. From your narrative, they did not do this.

So you need to now submit an informal challenge on the basis that the contravention did not occur, because the bay you parked in had no suspension sign.

Thank you for the clarification, Incandescent. The above parking suspension notice is adjacent to the bay I was parked in, but the detail within it says from house 8 which is adjacent to the other taller sign post.

This picture makes it clearer, where the notice was put on.


Is it sufficient for a parking bay to be suspended just because there is a sign or do the details have to be correct too?
In my case the parking notice is adjacent to my car but the detail within it says its for the bay behind my car after the gap.

Lambeth's PCN evidence site has all the pictures from the two PCNs I received with the following details.
https://pcnevidence.lambeth.gov.uk/pcnonline/index.php (LJ33409876, LJ33411470, Car reg: EK60GMF)

Better if you'd told us earlier that there was a suspension sign was right by your car. A quick read shows that it does, indeed cover the bay where you parked.

"All parking bays from outside 8 (no. to the junction with Kestrel Avenue on Shardcroft Avenue"

Seems pretty clear to me it covered your bay.

However, the key question is, was the sign there when you parked on the 12th Dec

I apologise, for not putting the picture at the start.

But outside 8 (no. 8 ) is where the arrow in red starts in one of the picture above, I am parked outside 8A.
There is space for 2 bays outside 8A, then there is a gap, then then number 8 (10, 12 and so on towards Kestrel Avenue)

Imagine a sign being posted on number 1, but the sign itself says from outside 2.

Quote from: Londoner2k on December 15, 2024, 10:50:22 pm

Quote from: Incandescent on December 15, 2024, 10:31:09 pm

Better if you'd told us earlier that there was a suspension sign was right by your car. A quick read shows that it does, indeed cover the bay where you parked.

"All parking bays from outside 8 (no. to the junction with Kestrel Avenue on Shardcroft Avenue"

Seems pretty clear to me it covered your bay.

However, the key question is, was the sign there when you parked on the 12th Dec

I apologise, for not putting the picture at the start.

But outside 8 (no. 8 ) is where the arrow in red starts in one of the picture above, I am parked outside 8A.
There is space for 2 bays outside 8A, then there is a gap, then then number 8 (10, 12 and so on towards Kestrel Avenue)

Imagine a sign being posted on number 1, but the sign itself says from outside 2.

"All parking bays outside No 8, so this includes where you parked, surely ?
Anyway, not me to judge; you have the absolute right in law to take them all the way to London Tribunals.

Incandescent, I am really struggling to explain. Thank you for your persistence in replying.

I believe that it DOES NOT include where I parked because FROM 8 to junction of Kestrel Avenue EXCLUDES where I was parked.
Hopefully the image below can make it clearer.


I was parked outside 8A but the parking suspension runs from 8 leftwards to the end of the street towards Kestrel Avenue.
The sign was placed adjacent to BAY 3 but the wording on it refers to BAY 2 and BAY 1.

The council either put the sign incorrectly adjacent to BAY 3 OR they wrote 8 instead of 8A on the sign. In either case I believe it is their mistake, should I still be penalised?

Here is a suggested text, feel free to modifiy :-

Dear Sirs

Re PCN <number> issued on <dd/mm/yy> at Shardcroft Road

I deny responsibility for payment of the above PCN on the basis that the contravention did not occur.

On the day in question, I parked in the bay located by No 8A. I saw the suspension notice and read where it applied. There are three separate bays on the even-numbered side of Shardcroft Road, one by No 8a, then one by Nos 8-12, then a further bay before the junction with Kestrel Avenue.
The suspension notice read, and I quote, "All parking bays, all car parking spaces, from outside 8 to junction with Kestrel Avenue on Shardcroft Road". Therefore this defines the suspended bays as the one outside 8-12, and the next bay before the junction with Kestrel Avenue.

In view of this clear definition of the suspended area, which does not include the bay by 8A,  I therefore request that the PCN be cancelled forthwith.

Yours faithfully