Author Topic: Oakley Road Islington Council PCN, Contravention Code 21 – parked in a suspended (ordinarily resident’s parking) bay.  (Read 356 times)

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Excellent forum and my appreciation and thanks to any responders in advance.
My “nub of the issue” question is when a large stretch of parking bays is suspended do the yellow suspension notices have to be placed on every “parking plate” within the suspended stretch?
I was parked outside 42-44 Oakley Road not knowing that  there was an imminent suspension of the residents parking covering 28-46 Oakley Road.  28-46 Oakley Road is 94 paces in length.  Within this suspended stretch there are parking plates at 32 Oakley Road and 40 Oakley Road as there are on each lamp post in the street. Also there are parking plates just outside each end of the suspended stretch at each of 24 and 48 Oakley Road.
I did indeed unknowingly park in breach.  However, there was no yellow suspension sign on the parking plate at 40 Oakley Road; the closest plate to where I parked.
There was (it seems) a suspension notice on the parking plate at 32 Oakley Road – a photo of this has been provided as evidence, although my car and the photo of this suspension notice do not appear in the same photo. You can just about make out that there is no yellow suspension notice on the plate at 40 Oakley Road, the nearest one to my “offence” in another photo provided.
It is some 40 metres from where I was parked outside 42-44 Oakley Road to the suspension notice being relied on at 32 Oakley Road.
My representations have been rejected.  I suspect I covered too much ground in these and the “best” point outlined above wasn’t made as clearly as it might have been by me – in any event it does not seem to have been understood.
Any advice on whether to pay to get 50% off or hold out much appreciated.

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Read this and show us all the documents.

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/

The short answer is yes you are entitled to rely on a parking sign closest to you but let's look at the case.

Thank you - apologies I have struggled uploading docs hopefully this imgur link will do the trick
https://imgur.com/a/H8gqtao?s=wa

Can you please post-up a GSV link, telling us exactly where you parked and where the suspension sign was located. Normally, you should be able to rely on a sign near your car, but if the suspension sign was only  few yards away, an adjudicator at London Tribunals may well decide against you on the basis that a bright yellow suspension sign would draw attention to itself. You can't use the Nelsonian telescope argument, I'm afraid.

https://en.wikipedia.org/wiki/Turning_a_blind_eye


Thank you

https://maps.app.goo.gl/rf75xhXkWzQc4tpu8?g_st=iw

I was parked on the left hand side of the junction box in the opening image above. One click on the left hand arrow shows the plate which had no suspension notice on it. A further three left arrows shows the plate that did have the suspension notice (outside the scaffolded house). The distance from this suspended notice to my parking spot is approx 40 metres

From your latest narrative, I would say you have a good case to take to London Tribunals, because you are entitled to rely on the sign nearest to your car. A single suspension sign for such a long bay is totally inadequate; a motorist is not expected to tramp the parking bay to see if there might be a suspension sign on one of the signs.

However, it is all a money-making game for the council. If you decide to take the matter further to the Notice to Owner stage, the discount offer will not be available, (although they may re-offer it when refusing your formal representation). If you take them to London Tribunals it will be with the full PCN penalty in play. It's a double-or-quits gamble, although here the odds look in your favour.

Council pics don't show where signs are - can you draw a schematic showing house numbers, signs and car.






So here is the sign nearest your car, and as you say, had no suspension sign on it.
https://maps.app.goo.gl/vGCZL4WwEnfsvp4e7
The next one down in that direction is here:-
https://maps.app.goo.gl/VZBoPKoEvNfw1CiN6
which is the one with the suspension sign on it.
Looking at GSV, quite how you were supposed to notice this sign when there are about four tree trunks obscuring it is a mystery only the stupid council can explain. The main point is that the suspension should be advertised on all signs where it applies. I would take them to London Tribunals if it were me.