Free Traffic Legal Advice

Hello,

I have received a PCN for parking in a CPZ in Hammersmith and Fulham. Road was Bramber Road.

Before parking there I checked the Council's wesbite and saw that it was fine to park there because Controlled Parking Zone D is only in force between 9am to 5pm. At the time this road was located in CPZ D in H&F.

My appeal was rejected because the council have claimed that even though their website was out of date the signage was not.Apparently, there was a sign on the street that showed the new restrictions (between 8.30am to 10pm)

They did not update their website for another 2 weeks since I have received the PCN.

I have a screenshot of their website showing restrictions where only in force between 9am to 5pm. I submitted this during the appeal, however, I was unsuccessful. Subsequently, they have now updated the website and have created a new parking zone "DSe" which has the current restrictions. 

Would I have any luck contesting this in the tribunal?

Thanks!

In short, I check council website, Park somewhere, find out the council website is out of date and there is different signage to the website. Council claim that the signage is enough.

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Contravention is

12S: Parked in a residents or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required or without payment of parking charge.

Their first rejection letter 21 Feb

Your challenge
You have stated that H&F website says Controlled Parking Zone D, which is where I
parked on Bramber Road, has parking restrictions only from Monday - Friday between
9am-5pm.

I parked there at 7:08pm which is outside the restrictions
My findings
The vehicle was in controlled parking zone D. Restrictions in that zone apply from 08:30 to
22:00, Monday to Sunday.
The PCN was issued on the date and at the time above. During a period of 6 minutes no
activity was seen at the vehicle.
There are signs in each street which show the parking restrictions. Drivers have a
responsibility to check for parking signs and markings and to park in accordance with
them. I am therefore satisfied that the PCN was correctly issued.
Parking restrictions can be altered for a variety of reasons, on a temporary or permanent
basis. Please note that drivers should not always assume that the restrictions are the
same as those in force on a previous visit and should always check the local road signage
at the time they park.
When parking a motorist is obliged on each and every occasion, to consult the signage
and/or road markings to ensure compliance with restrictions in place irrespective of
familiarity.
It is the responsibility of the motorist to make the initial payment immediately upon parking
and clearly display a valid pay & display ticket in their vehicle or ensure that sufficient
payment for parking has been made via the RingGo service. It is not permitted to leave a
vehicle without payment of the initial charge.
Where a vehicle arrives during restrictions there is no statutory grace period, and the
Council considers the initial compliance with restrictions should be done within 5 minutes
of parking; this is the minimum observation period we allow before issuing a PCN.
My decision
I have considered what you have said and all the available evidence, but I do not agree
that we should cancel your liability for this PCN

Their second rejection letter dated 23 April

Your challenge
On the day of the alleged contravention, the Council's own website stated that the parking
restrictions on Brambler Road are Monday-Friday 9am-5pm.
My findings
There are signs in each street which show the parking restrictions. Drivers have a
responsibility to check for parking signs and markings and to park in accordance with
them. I am therefore satisfied that the PCN was correctly issued.
The Council’s website clearly states that restrictions are different in different parts of zone
D: