Hello, sadly the council rejected my formal appeal. Here is their response:
Traffic Management Act 2004
Penalty Charge Notice : HZ76996801
Verification Code : 77G415
Date of Contravention : 02/04/2024 at 10:03
Vehicle Registration : KP19UZJ
Location : KINGWOOD ROAD
NOTICE OF REJECTION OF REPRESENTATION
Thank you for your representation.
Why the PCN was issued?
The PCN was issued because the vehicle was parked in a suspended parking bay during
controlled hours.
Your challenge
You have stated that;
“At the time of parking I walked towards the regulatory sign for the bay and I did not see
any suspension sign attached, therefore I had no reason to conduct any further searches
for signage attaches to trees, railings or elsewhere.
I therefore challenge liability because the alleged contravention did not occur. This is
because the authority appears to have attached the suspension sign to a tree, and in the
rejection of my initial appeal you seemed to accepted that the suspension sign was not
placed correctly on the regulatory sign for the bay. The legal duty on motorists is to check
the regulatory sign for the bay. There is no legal duty to conduct a random inspection of
the local flora. If the suspension sign had been where it should have been then I would
have parked elsewhere.
I also draw your attention to the decisions in Saeed at
https://2ly.link/1yVLY and Gajendra
at
https://2ly.link/1yVLZ and while these are not binding, there is no reason to believe the
tribunal would reach a different conclusion on this occasion.”
My findings
Council officers can suspend the use of parking bays for reasons such as:
• to provide access for people moving house
• to provide access for utility companies who need to do street works
• to provide access for Council contractors (drain clearing, tree pruning, etc)
• to provide access for funeral cars
When we suspend parking, we place yellow warning signs in the area at least seven days
in advance, these warn motorists that a suspension is (or will be) in force. No vehicle may
park in a suspended area while the suspension is in force, unless the space was
suspended for that particular vehicle.
The CEOs notes state that; following a period of 6 minutes' observation, over which no
activity involving the vehicle was seen, the PCN was issued.
I can confirm the temporary signage for this suspension was located on a tree directly
behind your vehicle. Furthermore, we are satisfied that the sign was placed in a
reasonable location which was clear and visible to drivers.
Drivers have a responsibility to comply with all signs and markings relating to road traffic
restrictions and directions. I am therefore satisfied that the PCN was correctly issued.
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 Penalty Charge Notice (PCN).
What happens next
Your options are detailed below.
The amount currently due is £130.00.
Before the end of the period of 28 days (beginning with the date of service of the notice of
rejection), you should:
- pay £130.00; or
- Appeal to the Environment and Traffic Adjudicator. To appeal, complete the enclosed
form `Your right to appeal` and send it to the London Tribunals - Environment and Traffic
Adjudicators. DO NOT SEND YOUR APPEAL FORM TO THIS OFFICE. Alternatively you
can make your appeal online at the following address
www.LondonTribunals.gov.uk.
Please ensure that you quote the unique appeal verification code stated on this Notice of
Rejection and follow the online instructions on how to complete your appeal.
Any appeal to London Tribunals should be made within 28 days of the date of service of
this notice. Late appeals may be considered; however, this would only be at the discretion
of the Adjudicator.
Appealing to the Adjudicator is free. Adjudicators do not normally award costs or
expenses, although they can do so if they decide that either you or we acted frivolously,
vexatiously, or wholly unreasonably in the appeal, or that our decision in this Notice of
Rejection was wholly unreasonable.
Never done an appeal to the tribunal before, any advice for completing the process?
Many thanks as always
