Author Topic: London Borough of Hackney - Code 21 Parked wholly or partly in a suspended bay or space - Wenlock Street  (Read 744 times)

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Hi,

I received a PCN today for parking in a bay that I have a residents permit for as I live in the area (Zone A). I received a ticket as the bay has been suspended. However, I believe this is incorrect because the council has only put one sign on the street to show that the bay has been suspended. The bay has two signposts to show what the restrictions are but yet only one of them had the sign, which makes it confusing and not clear. I've attached the PCN and also pictures of the area for reference.

https://imgur.com/a/137XprU

https://maps.app.goo.gl/fiPt54tp1yv8eTNw9

« Last Edit: November 14, 2024, 06:34:39 pm by T1help »

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THe only problem as far as I can see is the suspension sign is right by your car, according to the photos. Of course if you had been at the other end of the bay, you could claim that you were entitled to rely on the nearest sign, and if this had no suspension sign the council would struggle to convince an adjudicator of their case.
See what the others say, but I'm not convinced you have a solid case, sorry to have to say it.

Hackney is good with signing suspensions as it puts up a map with the suspended area marked. Go and have a look tomorrow - it seems to me only part of the bay where you were is suspended.

When did you park there?




I parked the night before I received the charge. I checked the map again and it incorrectly shows the illustration of the bay. It shows that the bay is split into two with a significant amount of space in between but it’s one continuous bay as shown on google maps and the images I attached in the original post.

https://imgur.com/a/OHe1wp1

It's one bay but it looks like they maybe first blocked off the wrong end and accidentally left an outline.

So you didn't see the suspension but you were in the suspended area of the bay?

Yes, I didn’t see the suspension when parking.

Pl post the full front page of the PCN - what you've posted omits rather important parts e.g. the contravention grounds, the time of contravention etc....

Hi,

Full front page can be found in this link here from the original post - https://imgur.com/a/137XprU

If you keep scrolling you’ll be able to find it. Should have the type of contravention, time of contravention, etc

Thanks.

The regs:

https://www.legislation.gov.uk/uksi/1996/2489/regulation/18/made

.....the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;

'Adequate information.....as the order making authority may consider requisite..'

In the circumstances of this case i.e. only 3 spaces(car lengths) as indicated on their plan, IMO the sign in evidence is and would be considered adequate by an adjudicator.

By all means challenge and bring in that there's only one sign etc.

Okay, I’ll challenge the PCN on that basis.

I can't see anything to go on. What time did you park? 

I parked the night before at around 8:30pm

Any mitigation - long time resident, key worker returning after long shift, it was dark etc.

No ask no get but as said I can't see a challenge on the contravention.

Hi,

I’ve received a response from Hackney Council where they’ve rejected my appeal to the PCN, which is as follows:

“You were issued a Penalty Charge Notice (PCN) for parking in a bay that had been suspended. There were yellow warning signs saying 'Parking Suspension. No waiting, No loading'. Bays are generally suspended to allow for roadworks or large delivery vehicles.
When suspensions are put in place a charge is made to the contractor/customer using it therefore bays cannot be used to stop, wait or load/unload and the area must be kept clear at all times whether works appear to be taking place or not.

While you may be a resident and hold a Zone A permit, it is clearly detailed in the terms and conditions of use for Resident's Permits that a resident permit does not allow parking in a suspended bay. By applying for a permit the
applicant accepts these terms and conditions and therefore should adhere to them accordingly.

Before suspending the parking, we put up the warning sign. When the sign went up, our engineers recorded the registration numbers of the parked vehicles. Your vehicle is not on that list, so we are satisfied that you parked later, when the warning sign was already up.

Before we suspend parking bays, we have to put up warning signs and we did this on 07/11/2024. It is up to drivers to check on their cars every day to make sure that the parking bay is not being suspended. Also in relation to the signage,
a suspension will generally be advertised by a suspension sign, which is normally affixed to the parking time plate/s closest to the suspension. Hence, why only one sign had been placed as it only affected part and not the entirety of the bay.

We have acknowledged our comment that the bay is one consistent section, however, based on our records and measurements of the bay within the allotted section of the suspended area 3 vehicles should be able to park.

Therefore, we are satisfied the contravention had occurred as it is the motorist's/permit holder's responsibility to always check the relevant roadside sign(s) for any bay, in which they intend to park, to ensure that their parking bay is not
suspended and that they have parked in accordance with the restrictions in force.

The PCN remains enforced however we have extended the discount period for a further 14 days, giving you the opportunity to pay the discounted amount which will be accepted as full and final payment for this PCN.”

It seems that they’ve “acknowledged” the bay is one consistent section but didn’t mention anything in the response to mention that it was incorrectly drawn on the sign they posted. Just wondering if I have grounds to carry this on further?

Date of rejection of challenge?

Please show us your challenge.