Author Topic: Hammersmith & Fulham PCN - Barclay Road - Misleading sign - Parked in a resident zone  (Read 450 times)

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On Saturday, I went out for a meal in Fulham and I received a parking ticket for parking in a resident zone. When I initially looked at the sign I thought that I could park between the hours of 18:30 and 20:00 without a ticket, however, it seems that there is no parking allowed between 9am-10pm for non permit holders unless pay by phone. I parked during the hours of 19:00 and 20:00.

Turns out 2 other people in my group also interpreted the sign the same way I did and also got a fine (Very expensive meal for us). None of us were familiar area but the sign is not very clear to me.

Not sure if I have any grounds to contest under misleading sign or whether to just take it as a lesson learnt but thought I would post in here first before paying.

https://maps.app.goo.gl/q6JebxVhocys5pen9



« Last Edit: June 19, 2024, 05:15:16 pm by corleone8400 »

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For meaningful advice please have a read of this

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/

and post up both sides of the unredacted PCN and any Council photos
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Thanks, updated

@corleone8400 please re-post the PCN without redacting the PCN number and number plate, also please give us a link to the exact location on Google street view. We don't ask for this just for fun, we need this information in order to provide the best possible advice.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

What was the outcome of this, we encountered a similar issue with Hammersmith & Fulham on Seagrave Road.  Confusing signage saying '9am-8pm Permit Holders OR  8am-6.30pm pay by phone/machine'.  We did the latter but got PCN when leaving at 7pm.  It was the use of the conjunctive 'OR' that threw us; we just interpreted the 'OR' as paid was OK until 6.30pm after which it would be free vs interpretting the period 6.30-8pm actually being resident only.  We've appealed but the council argue their signage is clear enough.

What was the outcome of this, we encountered a similar issue with Hammersmith & Fulham on Seagrave Road. . . .   We've appealed but the council argue their signage is clear enough.

@Will London

For meaningful advice you need to have a read of this

and then start your own thread with both sides of the unredacted PCN, and copies of your challenge and their letter of rejection (redact only name & address), together with a GSV link to the location.

OP, I think they've given you an out!

On ** I parked my car and interpreted the sign as meaning that parking by non-permit holders between 6pm and 8pm was unrestricted.

Although it is clear that the CEO also considered that non-permit holders may park without charge at this time, they still issued a PCN.

As the authority will see, and I can see on reflection, the restrictions are as follows:

Permit Holders only: ****** and 6.30pm to 8pm on Saturdays;
Shared use: ******.

The PCN was issued for a contravention 12S at 7.44pm. But this is impossible as explained below.

As I now know, at this time the restriction is permit holders only for which (preferably) code 16 is used or code 12(R) indicating a parking place whose restrictions at that time reserve parking to permit holders(in this case E). 12(S) means that parking is shared use, in this case permit holders or pay by phone.

If this sort of misunderstanding is accepted from a CEO who is familiar with their patch and has been trained to give a high-class service, then it would be grossly unfair, and therefore challengeable, to impose higher standards on motorists who, as in my case, were parking for the first time.

And if I may pre-empt any response which might refer to the use of suffixes as not being mandatory, I think the authority will be aware that these are considered essential when the convoluted code 12 grounds are used. However, whatever options were open to the CEO at that time and the authority now, using the wrong suffix is not amongst them because doing so has the capacity to, and in my case did, mislead.

-***( you can insert these!.