Author Topic: Finsbury Circus - Contravention 21  (Read 733 times)

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Finsbury Circus - Contravention 21
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Hi there, please could I get assistance with appealing this PCN.  My missus has received a NtO for an allegedly parking wholly or partly in a suspended bay or space.

She had parked in the space using a disability badge, she had believed that it was fine to park there and didn't notice any signage stating that she wasn't able to park there.

The area in question is here: https://maps.app.goo.gl/M8YagHH1xfB3mNEj9

I don't have any recent pictures of the area.

Any assistance would be greatly appreciated, thanks




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Re: Finsbury Circus - Contravention 21
« Reply #1 on: »
Was the PCN no longer affixed when she returned?

Date      05/08/2024 12:21
PCN number     CL02027164
Registration number     VN21RVL

Street     FINSBURY CIRCUS
Location     On Street

Contravention Code     21
Contravention      21 - Parked wholly or partly in a suspended bay or space



I must say this image (parked in front of the sign)looks rather damning, but see what others say.



The suspension sign









Re: Finsbury Circus - Contravention 21
« Reply #2 on: »
Any reason at all for not submitting representations on receipt of the PCN ?

By waiting, you've lost the discount, although they may re-offer it if you submit reps against the PCN, but the suspension sign is right by the car, so I can't see the council or an adjudicator looking favourably on an appeal.

If you can tell us more about why your wife didn't notice the very prominent yellow sign, it might help.


Re: Finsbury Circus - Contravention 21
« Reply #3 on: »
This was a normal Monday and blue badge holders in the City still have to pay to park unless you qualify for their red badge scheme.

That said there are upright signs - only one in that bay run looks to be at F19 - and we'd expect a suspension sign on those too even though the fence suspension says F1-F18.

City has form in misleading suspensions but this doesn't look like one.

https://www.google.com/maps/@51.5174122,-0.0860687,3a,40.5y,307.21h,88.29t/data=!3m6!1e1!3m4!1sOanKNWZ-OeG1ghrEX45gzA!2e0!7i16384!8i8192?coh=205409&entry=ttu&g_ep=EgoyMDI0MDkyOS4wIKXMDSoASAFQAw%3D%3D

Re: Finsbury Circus - Contravention 21
« Reply #4 on: »
Any reason at all for not submitting representations on receipt of the PCN ?

By waiting, you've lost the discount, although they may re-offer it if you submit reps against the PCN, but the suspension sign is right by the car, so I can't see the council or an adjudicator looking favourably on an appeal.

If you can tell us more about why your wife didn't notice the very prominent yellow sign, it might help.

She didn't have a fine on the car.  Also we have just returned from abroad hence seeing the PCN late.

Going by the picture posted the yellow sign is right in front of the car so I agree appealing would prove difficult, but if there is a way then I'd like to try..she is saying that she doesn't remember the event, shes pregnant and a little short with me at the moment!

Re: Finsbury Circus - Contravention 21
« Reply #5 on: »
The PCN was served but looks like it could easily have blown away.

Send representations saying your wife found no PCN on the car and from the CEO's pictures it looked flimsily attached under the wiper.
And that driving head on to space the low-down suspension sign was not seen and there did not appear to be a suspension sign on the upright parking sign that controls the parking places, and that no works were evident.

Add any other mitigating fact.

They will probably reoffer the discount.


Re: Finsbury Circus - Contravention 21
« Reply #6 on: »
@Aubama the PCN envelope doesn't appear to be properly pushed down against the glass, so you can raise the issue of whether it was properly served. This sort of thing is very subjective but has won before, see for instance Gbenga Ogunyemi v London Borough of Barnet (2190288340, 17 August 2019).

The traffic order is The City of London (Parking Places) (Consolidation No. 1) Order 2018, I haven't had time to check it over but someone might spot something useful.

The real problem you have is that this is a pay by phone bay and your good lady seems to have assumed she could just pop a blue badge on the dashboard and wonder off, which implies she didn't look for any signs at all.

A more promising angle is this one:



Please read the decisions on rows 636 to 654 here to understand why (but this argument can only be raised at the tribunal stage, do not mention it in the representations).
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

Re: Finsbury Circus - Contravention 21
« Reply #7 on: »
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