I'm looking for some advice on whether it's worth appealing this PCN to London Tribunals. I received a PCN from the Royal Borough of Kensington and Chelsea for allegedly parking in a suspended pay-by-phone bay.
The suspension sign stated that the suspension applied to the "two pay by phone bays nearest to the junction." My issue is that there were no markings on the road showing where one bay ended and the next began, so it wasn't clear which two bays the sign referred to. I genuinely believed I was parked outside the suspended area.
I challenged the PCN on the basis that the restriction wasn't adequately conveyed. I also pointed out that the vehicles immediately in front of and behind mine were not issued PCNs, therefore being ambiguous and unclear to the ticket officer.
The council rejected my challenge. Their response basically says:
the sign was visible; the arrow pointed towards the junction; I was in the second suspended bay; and the fact that other vehicles weren't ticketed is irrelevant because each case is considered independently.
However, they haven't really addressed my main point, which is that without bay markings it wasn't possible to identify exactly which two bays were suspended. They also haven't explained why the adjacent vehicles weren't ticketed, despite appearing to be within the same area.
I'm aware that "other cars didn't get tickets" isn't a defence on its own. My argument is that the inconsistent enforcement supports my position that the suspension wasn't clearly identifiable.
Do I have reasonable grounds to take this to London Tribunals, or are adjudicators likely to side with the council if the suspension sign itself was present?
Has anyone won (or lost) a similar appeal involving suspended bays and unclear bay identification?
