Author Topic: Waltham Forest, 21s Parked wholly or partly in a suspended bay or space, Cecil Road, Permit Holders only bay  (Read 1733 times)

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+1.

Your informal reps are way over the top and repetitive.

They were entitled to move your car based upon the evidence available at the time.

If you're correct in that the only traffic sign within the suspended area did not carry a suspension sign when you parked and this is accepted by the council then you'll succeed.

If not, then you won't.

IMO, you should also ask the council questions, namely:
Is it the council's policy to record (take photos) of suspension signs when erected?
If so and these representations are rejected then please provide proof of **** prior to 8.30pm 8 April. If photos are not available then the council must explain why they have departed from their regular practice in this case.



No-one takes photos of traffic signs without suspension notices, why would they?

It's an informal challenge at this stage and is far too long and confrontational.

Just say you parked right by the parking sign with the driver's door next to the sign and there was no suspension sign on the post at about 8:30pm the evening before and ask them to check if a late sign was put up, in which case you parked legally and the PCN must be cancelled.

You haven't lost anything with the relocation (which was authorised by the PCN) but remind them the car has a BB permit.

Their policy does say about BB holders:

If removal is absolutely necessary, and the driver of the vehicle cannot be located within a reasonable time, the vehicle will be moved to a position nearby where there is no hazard or obstruction.

So were you at home at the time.

Wait for others to comment as there may be something else

Yes I was at home. I appreciate that feedback. I'll wait to see what others comment too.

Cheers!

+1.

Your informal reps are way over the top and repetitive.

They were entitled to move your car based upon the evidence available at the time.

If you're correct in that the only traffic sign within the suspended area did not carry a suspension sign when you parked and this is accepted by the council then you'll succeed.

If not, then you won't.

IMO, you should also ask the council questions, namely:
Is it the council's policy to record (take photos) of suspension signs when erected?
If so and these representations are rejected then please provide proof of **** prior to 8.30pm 8 April. If photos are not available then the council must explain why they have departed from their regular practice in this case.



No-one takes photos of traffic signs without suspension notices, why would they?

Sorry just seeing your message. This is great. I really appreciate it.

I understand that most people wouldn't take pictures but after my experience, I will be in future!

Following an unsuccessful informal rep the last time a similar incident happened, I'd referenced their response for this one as I wanted to make sure I covered all bases. But after yours and stamfordman's feedback, I'll redraft and come back with it.

Thank-you

It's an informal challenge at this stage and is far too long and confrontational.

Just say you parked right by the parking sign with the driver's door next to the sign and there was no suspension sign on the post at about 8:30pm the evening before and ask them to check if a late sign was put up, in which case you parked legally and the PCN must be cancelled.

You haven't lost anything with the relocation (which was authorised by the PCN) but remind them the car has a BB permit.

Their policy does say about BB holders:

If removal is absolutely necessary, and the driver of the vehicle cannot be located within a reasonable time, the vehicle will be moved to a position nearby where there is no hazard or obstruction.

So were you at home at the time.

Wait for others to comment as there may be something else


+1.

Your informal reps are way over the top and repetitive.

They were entitled to move your car based upon the evidence available at the time.

If you're correct in that the only traffic sign within the suspended area did not carry a suspension sign when you parked and this is accepted by the council then you'll succeed.

If not, then you won't.

IMO, you should also ask the council questions, namely:
Is it the council's policy to record (take photos) of suspension signs when erected?
If so and these representations are rejected then please provide proof of **** prior to 8.30pm 8 April. If photos are not available then the council must explain why they have departed from their regular practice in this case.



No-one takes photos of traffic signs without suspension notices, why would they?

Please see new draft below:

Dear Waltham Forest Council Parking Services,

I am writing to formally challenge the Penalty Charge Notice (PCN) FR62791853 issued for the alleged contravention of "21s Parked wholly or partly in a suspended bay or space" on Cecil Road on Wednesday, 09/04/2025.

I parked my vehicle on Cecil Road at approximately 8:30 PM on Tuesday, 08/04/2025. My driver's side door was adjacent to the parking sign for the bay, and at that time, there was no yellow suspension sign displayed on the post.

Given the absence of clear signage indicating a suspension when I parked, I believe the PCN has been issued incorrectly. I request that you investigate whether a suspension sign was erected after this time. If so, I parked legally, and the PCN should be cancelled.

For your information, I am a valid Blue Badge permit holder. I note your policy regarding the relocation of vehicles belonging to Blue Badge holders in suspended bays, which states that removal will only occur if absolutely necessary and the vehicle will be moved to a nearby, non-obstructive location.

To assist with your investigation, I would appreciate answers to the following questions:

1. Is it the council's policy to record (take photos) of suspension signs when they are erected?
2. If so, and if this challenge is rejected, please provide photographic evidence of the suspension sign being in place on the relevant post prior to 8:30 PM on Tuesday, 08/04/2025.
3. If photographic evidence is not available, please explain why the council departed from its regular practice in this specific instance.

I look forward to your prompt response and a fair reconsideration of this challenge based on the lack of visible suspension signage at the time of parking.

Morning all
Happy Easter! :)

Just bumping this up as I'm getting closer to the deadline for challenging this.
I'd be grateful for some feedback on my informal letter draft above please.

Thanks

It looks OK to me. This is only an informal challenge, and most of these are just rejected by councils, because they know that if they do, most people just cough-up, (>95% of them). Only reps against Notices to Owner are looked at in any detail.
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+1.

PCN dated 9th.

14-day period ends 22nd.

IMO, your draft looks good to go....other than delete 'formally' in first main para. These are informal but all you really need to say is challenge.
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Nice one. Thanks for the feedback all

It looks OK to me. This is only an informal challenge, and most of these are just rejected by councils, because they know that if they do, most people just cough-up, (>95% of them). Only reps against Notices to Owner are looked at in any detail.

Got it. So in the event that they reject this, would I need to wait for the Notice to Owner and challenge again?

OP, sorry to be sharp, but: Stop wasting time and submit your challenge! 

Let's worry about what happens later....later.

It looks OK to me. This is only an informal challenge, and most of these are just rejected by councils, because they know that if they do, most people just cough-up, (>95% of them). Only reps against Notices to Owner are looked at in any detail.

Got it. So in the event that they reject this, would I need to wait for the Notice to Owner and challenge again?
Or cough-up, of course !
Yes, this is a three-stage process, (1) informal challenge (2) formal representation (3) appeal at the adjudicators
The only unbiased place is (3). Why ? Because councils keep all the money if you pay, so reject virtually all challenges and most representations.

OP, sorry to be sharp, but: Stop wasting time and submit your challenge! 

Let's worry about what happens later....later.

I'd already submitted the challenge at that point. Was simply asking a question.  ;D
« Last Edit: May 07, 2025, 03:19:51 am by preciousb »

It looks OK to me. This is only an informal challenge, and most of these are just rejected by councils, because they know that if they do, most people just cough-up, (>95% of them). Only reps against Notices to Owner are looked at in any detail.

Got it. So in the event that they reject this, would I need to wait for the Notice to Owner and challenge again?
Or cough-up, of course !
Yes, this is a three-stage process, (1) informal challenge (2) formal representation (3) appeal at the adjudicators
The only unbiased place is (3). Why ? Because councils keep all the money if you pay, so reject virtually all challenges and most representations.

Great. It's always good to know what might happen next as I've never gone past making an informal challenge. Thanks for this. They've actually responded and so I'll be posting that next.

As predicted, the council have rejected the challenge.

https://drive.google.com/file/d/1PkEpj0w8Bft0-mfyoQfKYlEeBKwc1KiM/view?usp=sharing


Two things they've mentioned that stick out to me:

1. 'When we suspend a bay, we put up large yellow advance warning signs adjacent to the bay, our suspension records show that an advance warning sign was placed at the location in question on the 02/04/2025.'

'Adjacent' suggests the warning signs were not on the actual bay. As mentioned previously, there were 1 or 2 signs further down the road but not where I parked or anywhere near it. I intentionally looked up and around to check at the time. A neighbour confirmed more signs were put up as they weren't there the day before they came. Also, they've said their 'records' show there was a sign there but they've failed to show proof.


2. 'As can be seen on the images provided the signage was in place on the 02/04/2025 advising motorists of the upcoming suspension.'

I'm confused as to what they were referring to as there were no images provided showing the signage in place on the 02/04/2025.

Either way, I'm generally not very active but I went out multiple times that week and what they've said is absolutely not true. Even one of the neighbours I saw on the day I came out to find my car with the ticket, confirmed this. Another neighbour on Cecil Road mentioned she didn't even see the signs at all. That's how quickly they went up and came down. I'm shocked at their blatant lies.

Would the next step be to wait for the notice to owner? And do you guys think this is even worth pursuing?
« Last Edit: May 07, 2025, 04:23:10 am by preciousb »

« Last Edit: May 13, 2025, 09:42:50 am by preciousb »