Author Topic: Wandsworth, Code 21 parked wholly or partly in a suspended bay or space, Thurso Street  (Read 1537 times)

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I had to leave unexpectedly due to unforeseen family circumstances. Upon my return today I found a penalty charge notice on my car, which was parked on the street where I live. It was surprising because I have a permit to park there.

After looking into it, I realized that certain parking spots on the street had been temporarily suspended, but I wasn’t aware of this at all. I’m left with this PCN, and I feel I had no way of knowing the restrictions had changed while I was gone. I've also attached a copy of the PCN and photos showing where the signs were posted.

https://imgur.com/a/JpdfaFu
https://imgur.com/a/6SViLtn
https://imgur.com/a/X1mkA0b
https://imgur.com/a/28S2SW4https://imgur.com/a/YDkbGKn



https://maps.app.goo.gl/BUkohUehBHDHrADq8
« Last Edit: October 09, 2024, 06:24:09 pm by Shaysaf »

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If (a big 'if'), they're doing their job correctly, they will have recorded the date and time the suspension sign was  erected, and also a list of all cars parked when the suspension commenced.  Your car was legally parked at the time the suspension started.
When did you depart from your address ? Did you check the car just before you left ?

Yes , My car was indeed parked legally when the suspension started . I departed from the address on 2nd october 2024 and I checked , there was no suspension or any leaflet . Only think I found is a leaflet under the windscreen wiper. I would expect the council to drop the leaflet in nearby houses so it would raise more awareness .


When did you find the leaflet under the windscreen wiper ?

You don't have to say what but do you have a good reason for being away - but 2-9 Oct is only a week and well within a holiday time and if the car was in the bay when they put up the advance suspension notice they should cancel this.

It's also fortunate you came back today.

What is the car VRM - no need to hide this or post the council's pics yourself.
 

I found the leaflet today under the wind screen wiper . It can be seen in the council PCN pics as well .

The vehicle VRM is : FV15YZA

I was away due to my father being severely unwell as no was there to look after him .

It was a short stay and I will have to go back again soon as a surgery is planned.


The suspension sign is on a tree right by your car and the space outside nos 15-17 so OK although we'd also expect a sign on a nearby parking sign.

I would challenge saying you parked in the bay on X October before leaving for urgent reason (say what and where) and returning on x October and that no suspension was in evidence and would they check their records on cars parked there before the sign was put up and kindly cancel the PCN.



I had a similar PCN cancelled because there was no sign when I left the car, so I asked the council when they put the sign up, they recognised they hadn't provided the required notice, and cancelled the PCN. I had made a post on pepipoo, which is now down, so I can't retrieve the details. I don't remember what the minimum notice was.

You said this was in Wandsworth. A quick search shows the minimum required notice there is 72 hours https://www.wandsworth.gov.uk/parking/parking-bays/parking-bay-suspensions/how-we-suspend-parking-bays/

So, if they can prove they respected that, I fear there is nothing you can do.

You said this was in Wandsworth. A quick search shows the minimum required notice there is 72 hours https://www.wandsworth.gov.uk/parking/parking-bays/parking-bay-suspensions/how-we-suspend-parking-bays/

So, if they can prove they respected that, I fear there is nothing you can do.

Each case turns on its facts. While there is a duty to keep a look out for suspensions you can hardly do so if on holiday or in this case called away urgently. If you were parked legally 72 hours is not long enough to accommodate reasonable situations.

See this where there is a list of cases:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/wandsworth-code-21-parked-in-suspended-bay-parking-bay-on-buttermere-drive-sw15/

...A quick search shows the minimum required notice there is 72 hours https://www.wandsworth.gov.uk/parking/parking-bays/parking-bay-suspensions/how-we-suspend-parking-bays/

So, if they can prove they respected that, I fear there is nothing you can do.

Not true. Councils can't just pick any arbitrary time time limit they feel like and make it stick just because it's on their website. If councils could do this, you an bet a few of them would set a 5 minute limit and cash in on every suspension!

Once an adjudicator sees this case, they will decide if the council are being reasonable or not. I think they would be highly unlikely to rule that it's reasonable to expect car drivers to return to their vehicles every 71 hours just in case the council has followed a policy almost nobody will have read, because it means nobody in the borough could safely go on a week's holiday!

Is there any precedent of Wandsworth's 72 hour notice deemed unreasonable?

Are there explicit laws on what a minimum reasonable notice should be, or is it all left to the discretion of the adjudicator?

Is there any precedent of Wandsworth's 72 hour notice deemed unreasonable?

Are there explicit laws on what a minimum reasonable notice should be, or is it all left to the discretion of the adjudicator?

There is no law. An authority has a duty to act fairly concerning vehicles in a bay when it puts up signage and they may relocate resident cars without penalty.
The tribunal can't use discretion but can determine if a contravention is fair on the basis of whether it is reasonable to penalise someone who could not have known.

I have just received councils response where they have not even read all the grounds I established specifically ignoring to acknowledge that I was away so there is no way I could have moved the car.

I would like to know where do I stand with this and what should be my next steps? Should it be tribunal or ?

https://imgur.com/a/vSVy5eH

https://imgur.com/a/bFUTrMB


Thanks

 

The next step in the enforcement process if no payment is received by the council, is they serve a Notice to Owner to the keeper of the vehicle as recorded on the V5C Registration Certificate for the car. Are you the keeper and hold the V5C, and is the address correct in all detail, and the same as when the contravention allegedly occurred ?

You can only register an appeal at London Tribunals after they have rejected formal representations against a Notice to Owner.

You're knocking at an open door at formal stage provided you can supply evidence.

But what was your challenge?