Author Topic: PCN CU67721791 16/07/24 17.21 Offence 21 Parked wholly or partly in suspended Bay or parking space.  (Read 559 times)

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..there is a parking place in South End Rd which extends from opposite no.75 to its junction with Keats Grove, approx. no.65. This contains 4 traffic signs, 3 of which are stand-alone and one which is erected on a post shared with a separate adjoining parking place. Their respective restrictions are different, the former being shared-use, the latter pay by phone. The latter separate bay extends from Keats Grove to opp. no.45 South End Rd.

On the day in question I was parked in the shared-use bay which I approached from the north which meant that I passed 3 stand-alone traffic signs within the bay. As a matter of fact, none of these carried any notice of suspension but also as a fact each traffic sign was displayed clearly.

I parked as seen in the CEO's photo. As the authority will note, the CEO took numerous photos none of which shows the wording of the alleged suspension, instead the authority claims that their notes refer to this wording. As a matter of fact, I saw the shared post ahead which carried 2 yellow signs. 
Both were hanging at an angle on tne post and beneath two fully exposed traffic signs.

As can be seen in my photo which I submit as evidence, the only fully intelligible suspension sign as far as is material read as follows:

Mon 1 July - Fri. 26 July
Whole bay 45-65 South End Rd.

This clearly refers to the further bay and not the one in which I was parked.

The lower and more askew sign's suspended area cannot be comprehended from the photo which must be a material fact which the authority must consider and set against the uncorroborated notes of the CEO who, had they wished, had the time and I submit the duty to support their written account with objective evidence.

However, the lack of clarity of the sign which purportedly suspended the whole bay in which Iwas parked is not the only issue which the authority must consider. Both the CEO's single photo taken from a distance and mine show that the traffic signs on this post were left uncovered. I submit that not only is this improper when a whole bay is intended to be suspended, it is also a strong counter indicator that the extent of a suspension is a whole bay. I would add to this(again omitted from their notes by the CEO) that none of the other 3 signs within 'my' bay was covered neither did any of them carry a suspension sign which would have allowed a motorist to at least try and make sense of the unreadable sign by looking for another.

Of course the authority is able to disregard my objective evidence (which I would likewise submit to the adjudicator should this be necessary) but I would hope that my evidence is given the weight it deserves and that when compared to that of the CEO which is lacking in material detail my representations are accepted.

Thank you very much indeed, I have modified and sent off my Drivers' Notice appeal with the main sign, by pointing out that I had not uploaded evidence in the short explanation I had supplied, in rushing to do it in case I had to resort to posting it. I should have thanked you much sooner but have been having to respond amongst other things to a pressing solicitor's letter on grotesque housing disrepair.

Thanks, much appreciated,

FullSteam_Ahead

Consternation - my Notice to Owner Appeal has been rejected.

Without acknowledging the key point that I hadn't been parked in the bay that appeared to be suspended, of 2 contiguous ones there, with the other well marked up. Nor the related point that road signs close by were not yellow-suspension-signed to designate start and end of any such partial suspension.

Similarly, they do not truly address the rather conspicuous lack of an uploaded photo of their faded "map" & unreadable instructions, either, simply saying that: "photographic evidence is not a legal requirement, and it merely serves as additional evidence." Hmm, why, might additional evidence sway, since they do not go on to then discuss MY own uploaded copy? Nor how they can demonstrate why, in this instance, they could be sure to trust their CEO without any such good evidence. I had in fact provided a detailed account of just how verbally their CEO had NOT been SURE of the offence, had tried two interpretations at that time nevertheless completing the ticket which hadn't been issued when I returned from a couple of minutes search along the road for the dropped bank card. Yet told me to appeal. It must be the case that some tickets are fallaciously issued.

Neither sadly has the fine been halved. 

So what are my options now, given I still feel misled into this fine?

Will upload the letter.

Thank you for any help as to whether an adjudicator would be more open to the true story in a further appeal.


FullSteam_Ahead

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« Last Edit: December 13, 2024, 04:24:14 am by FullSteam_Ahead »

They haven't reordered the discount so you should register a tribunal appeal.

Musty say I still can't make sense of what's going on here and that may also help your case but you'll need to have a personal or telephone hearing.


No re-offer of the discount means it's now a total no-brainer to take them to London Tribunals, as the penalty remains the same, and there are no additional costs. Of course they will have the fag of preparing an evidence pack and also paying the adjudication fee, so they may not contest when you hold their hand to the fire.

I've read through the Ajudicator notes but am unsure which content, preferably legal, I should emphasise to proceed?
I do feel surprised at the replies I have had from the council so far as they never refer to my specific points, wrt the lack of clarity or even unreadabilty of main skewiff signage & lack of a reasonable number of warning signs surrounding a suspension hidden around a bend upon approach. They say we have to make all efforts to check any area before parking but when we make something else out of their poor signage standing right by it, alongside other drivers thinking the same for good measure, is it reasonable to keep throwing the ball back into our court?
By their token it would seem they'd almost never acknowledge any signage problem or mistake to cancel a ticket.

Yet I have told it exactly as it was on the occasion and how three other people, one the CEO (who then did not mention our conversation in her notes although she told me to appeal, apparently) were confused. There was no intention to try to cheat the system, most normal signals inferred that I was in an open Bay with parked cars, next to a wholly Suspended one; it was just impossible to appreciate that a couple of slots within this Bay on an unnumbered wooded side of the road without any further signage to make up for that, would be Suspended. The next driver I met pulling in even argued about it the following day scrutinising the sign, as I have reported to Camden. So, is it reasonable not to clearly signpost difficult unlandmarked areas like this one, whilst expecting us to know the ins and outs of arcane sometimes frankly inadequate signpost rules as we drive along? Even afterwards standing up checking right in front of the faded main sign? The Suspension system doesn't seem to me fit for purpose. (I had noticed years before the signs frequently left down on the ground the day before an early start Suspension & emails lacking all the data on local Suspensions making our detection job all the harder but I digress.)

Any assistance on which points are most relevant now to highlight, gratefully received, thanks.

Would anybody please help collating the right relevant information?
This is really worrying me now as to how to have anyone see the points already raised but not really responded to, this time.


Thanks,


Happy Christmas holidays.