Free Traffic Legal Advice

Hello everyone,

My sister-in-law recently received a PCN from TFL for allegedly parking in a "suspended bay" on 16 October 2024. She is a Blue Badge holder, and this bay normally allows disabled drivers to park for up to three hours. The standard sign at this location reads: "Red Route, No stopping Mon-Sat 7am-7pm, Except loading max 20 mins, disabled max 3 hours."

Key Details of the PCN:

Location: O/S 440 - 450 Holloway Road, N7

Time: 16 October 2024 at 12:57 pm

Fine: £160, reduced to £80 if paid within 14 days.


Concerns About the Evidence Provided:

TfL’s evidence includes three photos of her car in the bay, but none of these photos show the actual suspension sign with the specific details of the restriction. Typically, TFL/councils provides a picture of the suspension notice from the day it was erected as proof that it was in place,  without this photo, it’s impossible to verify:

1. The specific dates and times of the suspension.


2. If the sign was properly displayed and visible from where she was parked.


3. Whether any instructions or exemptions were mentioned for Blue Badge holders.



Visibility Issues:

Obstructed View: While the suspension sign is technically visible in the PCN photos, my sister-in-law was in a lower vehicle and had to pull up next to a Range Rover before reversing into the bay. This, along with a van parked beside the suspension sign, likely made it difficult for her to see the sign from her perspective.

Poor Placement: The suspension sign was also facing the wrong direction, which made it harder to notice. In my opinion, it was poorly positioned, and an additional sign could have been placed on a lamp post at the other end of the bay for better visibility.


Her Position:

She parks here frequently and, in this instance, didn’t exit the vehicle; she parked, and her husband went into the Iceland supermarket nearby. I don’t feel it’s reasonable for her to pay the PCN without contesting it, especially without a clear photo of the suspension details.

Past Experience with Similar PCNs:

I previously received a PCN from Islington Council for a suspended. When I parked the evening before, there was no sign. A neighbour saw a film crew retrieve the sign from under a car and reattach it the next morning. I was able to prove my case by showing that the sign near my car had a white cable tie (used by the film crew) instead of the usual black ties on the other signs, along with my neighbour’s account. This convinced the council that I wasn’t at fault.

The point here is that things aren’t always as straightforward as they appear in photos. There could be other factors, and errors with signage can happen. In this case, I don’t think it’s reasonable for her to pay the fine without more evidence, particularly:

A photo clearly showing the suspension sign and its details.

Proof of when the sign was erected, especially as it’s possible the suspension had already ended and the sign wasn’t taken down.


Questions:

Does TfL typically provide photos of the suspension sign to verify its display and details?

Has anyone had success challenging a PCN on similar grounds, particularly regarding visibility of suspension signs?

Any tips on how to approach this case as a Blue Badge holder?


Thanks in advance for any insights or similar experiences!

https://maps.app.goo.gl/CvVVKsChXgcsFfq18

Thank you for your updated thread: I have deleted your old one.

Thank you

The suspension sign(s) look clear from the overhead view but driver could have been misled by other vehicles in bay and view could have been blocked.
If driver is disabled not maybe easy to get out and check sign. Asking a passenger to check sign is not necessarily reliable or obvious here.
If this goes to appeal TFL will have to produce evidence to support the suspension which it may mess up. 

Please post up the remaining pages of the PCN in case of errors in the'small print'.

I suspect an adjudicator would see the suspension sign and ask why neither the driver nor her husband checked it.

I think you have provided enough material here to post up a draft challenge for comment, but do make sure something is submitted before the discount deadline.

N.B. the challenge must be in the name of the person to whom the PCN is addressed.

Hey john,

she hasn't got back to me with the rest of the pictures yet. Is there a template I can use to make a draft ?

IMO, the contravention is wrong - but then I've never really understood the approach to RR.

This is not a parking bay or space(there's no 'P' on the sign Bob), it is a length of carriageway subject to a RR stopping prohibition which excepts BB holders and others subject to conditions.

If these exceptions have been disapplied then IMO it's a RR, not a parking space.

To illustrate the point, what would be the contravention if a BB was 'parked' for 4 hours i.e. parked longer than permitted or stopped on a RR?