Free Traffic Legal Advice

HI all.
I've got a PCN from Islington Council for parking in a bay with a Blue Badge but unfortunately there was a Parking Suspension notice which I did not see.
I was planning to challenge the PCN as the the restriction was for a 10m section of the bay and I believe I was very near to that if not over but I lost the PCN and now I have no details so I can t challenge or pay at the discounted rate.
The council does not have a direct number for parking (there is one for the suspension) and I have seen that other councils specify that if you lose your ticket you have to wait 28 days for the letter and you cannot longer pay the discounted rate. I don't believe Islington Council is going to be any more lenient!
I am not sure how to proceed, whether to call/ write and hope that someone would get back to me with the PCN details a or wait for the 28 days and say I have never seen it previously.
Any advice appreciated!

Thank you I managed to speak to someone and got the number

'How did you lose it?'

mmm. Better not go there.


[/quote]

This PCN needs to be merged with your original topic here. https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lost-pcn/

Hi, thank you for merging the post.

Yes those are my images. The PCN is IZ 36526797, VRN FG51 KCV

In your opening post you said you tried to measure the 10m with a rope that you happened to have in the car. Do you mean you did this after you returned to the car and discovered the PCN and then found the suspension sign?

However where is 1-6 Tensing House in relation to the bay? Could it be opposite the middle of your bay, where you were parked?

My thoughts:

As can be seen, I parked in a parking place opposite 1-6 Tensing House. This is approx. 30m in length and is not sub-divided into individual spaces.

I was aware of the regular parking restrictions and from where I was parked I could see this large sign over the roofs of the cars parked ahead. It was uncovered and I had no reason to investigate further. I did not see the suspension sign which hung under the regular sign and which was obscured by car roofs.

When I found the PCN I investigated further and it was at this time that I saw the suspension sign which described the suspended area as follows:

 '2 parking spaces(10 metres) OPPOSITE 1-6 Tensing House'.

No attempt was made to include a diagram or map which would have been a relatively simple matter and I believe is common practice.

Presumably the council thinks that this description (which no doubt it considered carried extra impact by the use of capitalisation) had a unique meaning of the first 10 metres (measured from the furthest point from the sign itself and nearest Tensing House) of a 30-metre parking place which does not contain any 'spaces'. In my opinion the wording is ambiguous and I should not be penalised for parking in these circumstances. 

But be prepared to have to take this to adjudication.

I went to see the area again and the bay starts exactly opposite 1-6 Tensing House. I think my argument would be about the length of suspension within the unmarked bay and the fact that, even if I read the sign, which was hidden by the other cars,  I would have had to make a judgment on the correct length of the suspension. To say '2 cars spaces' means nothing as it is possible to park two Smart, or 2 500 Fiat and not two SUVs in my opinion. To say 10m would be expecting people to go around with a measuring tape. Most people would not be able to eye judge the difference between 8, 9 or 10m. They should have placed some kind of mark on the suspended area.
What do you think?

I've got one week to appeal

Thank you @HC Andersen and mickR. So this is how I am going to challenge it, which is what you wrote with the extra remark about the turned sign from mickR'


 Dear Sir/ Madam
Ref PCN xyz
I wish to challenge PCN [number] on the grounds that the alleged contravention did not occur. (Do I add this part?)

As can be seen, I parked in a parking place opposite 1-6 Tensing House. This is approx. 30m in length and is not sub-divided into individual spaces.

I was aware of the regular parking restrictions and from where I was parked I could see this large sign over the roofs of the cars parked ahead. It was uncovered and I had no reason to investigate further. I did not see the suspension sign which hung under the regular sign and which was obscured by car roofs, and anyway it appeared to be angled away from the suspended section.

When I found the PCN I investigated further and it was at this time that I saw the suspension sign which described the suspended area as follows:

 '2 parking spaces(10 metres) OPPOSITE 1-6 Tensing House'.

No attempt was made to include a diagram or map which would have been a relatively simple matter and I believe is common practice.

Presumably the council thinks that this description had a unique meaning of the first 10 metres (measured from the furthest point from the sign itself and nearest Tensing House) of a 30-metre parking place which does not contain any 'spaces'. In my opinion the wording is ambiguous and I should not be penalised for parking in these circumstances. 

I think your argument is as I drafted (I would, wouldn't I) plus mickR's point.

With respect, you're falling into the trap of now knowing what the sign was supposed to convey and then looking at the sign and circumstances. This is wrong. By way of analogy, some time ago I wrote some spoof regs about erecting direction signs, the main thrust of which was that these should never be located by anyone who knows where the places referred to are. It might seem odd, but it's not. Only people who don't know where somewhere is can decide how many signs are needed and where because anyone who does know cannot possibly see the issue from the perspective of someone who doesn't, for whom of course the signs are intended.

What would be the UNIQUE meaning of their suspension sign? IMO, there cannot be one, it's ambiguous to an uninformed person and therefore fails the legal test.