PCN: LS63UCP
VRM: LS63UCP
Google:
https://maps.app.goo.gl/vzeL5S8YuizZ5Rtd7Hi,
On 03/09/2024, I received a fine for leaving my car parked in a suspended bay. The bay in question is a resident parking bay that turned out having two spaces partially suspended. I had parked my car there on 01/09/2024 (possibly even a few days earlier) and left the country early on the morning of 02/09/2024. Upon returning on 09/09/2024, I discovered that my vehicle was no longer in the spot where I had left it. It had been towed to a nearby resident parking permit bay and fined for being parked in the suspended bay.
To the best of my recollection, I am certain that there were no signs or notices indicating the parking suspension at the time I parked my car. Therefore, I decided to submit a challenge and have attached my airline ticket as evidence to confirm that I was out of the country during this time.
I wrote and submitted the following challenge on 10/09/2024 and attached my airline ticket as evidence:
To Whom It May Concern,I am challenging the PCN on the basis that I was abroad at the time of the parking bay suspension, and that at the time leading up to my departure no warning signs were placed, nor were any leaflets put on cars in the immediate vicinity.According to the information published on the council’s website ([link](
https://www.wandsworth.gov.uk/parking/parking-bays/parking-bay-suspensions/how-we-suspend-parking-bays/)):When it is necessary to suspend parking spaces, this will normally be done by displaying a warning sign a minimum of three days (72 hours) before the suspension is due to start, and by leafleting cars in the immediate vicinity. The regulations require that the suspension warning sign should be placed in or adjacent to the suspended area and this is usually done by displaying a yellow suspension sign on a post or lighting column (providing such a post is available).*I departed early in the morning of 02/09/2024, and I can confirm that no such signs or leaflets were visible at the time, indicating that the resident parking bay was going to be suspended from 03/09/2024 to 06/09/2024.I discovered that my car had been moved and a penalty charge notice issued upon my return to London on 09/09/2024.Therefore, I require you to cancel the PCN and expunge my personal data from your records.Thank you.
The council responded on 24/10/2024 with the following:
I refer to your enquiry received on 10/09/2024 regarding the above Penalty Charge Notice. This PCN was issued as the above vehicle was parked in a suspended bay. The first 2 car spaces outside Queens Court Meath Street were suspended from 03/09/2024-06/09/2024 so that utility works could take place. You can view the photographs online at
http://www.wandsworth.gov.uk/pcnonline. I have noted your comments that you went away on 02/09/2024 and there was no notice of the suspension prior to this. In order to reduce the inconvenience, it is our policy to erect a suspension sign a minimum of 72 hours in advance. On this occasion the sign was placed on 28/08/2024. Warning notices were also issued to nearby residents. At the time of placing the suspension sign, it is also our policy to place warning notices on any car parked in the proposed suspended area; however on this occasion there were no cars seen in these spaces when the sign was erected inferring you had parked after the sign was erected. Considering the advance notice given, I do not find it unreasonable that you would have taken heed of the notice days prior to the time of your parking. I am also satisfied that you were given sufficient notice of the suspension before going abroad. The notes and photo evidence presented by the Civil Enforcement Officer shows the vehicle parked within the suspended area. Any part of the vehicle found within the suspended area (even partly) is considered to be parked in contravention of the restriction and liable to incur a PCN. Being a resident permit holder, I would refer you to the letter that accompanied your permit. It clearly stated that bays may be suspended, and permit holders must ensure they check the signs as the status of the bay may change. As an enforcement authority it remains our responsibility to ensure the space is kept free for the purpose paid for by the applicant. Given the above, I am satisfied that the PCN was correctly issued and regrettably, you have not established sufficient grounds for cancellation of this penalty charge. As your enquiry was received within the discount period the amount of £65.00, will be accepted if payment is received within 14 days of the date of this letter.
On 15/11/2024 I received the NOTICE TO OWNER, and decided to make a representation once again yesterday 10/12/2024 submitting the following:
To Whom It May Concern,
I am writing to formally challenge Penalty Charge Notice (PCN) WA90958306 issued on 03/09/2024 for an alleged contravention of parking in a suspended bay (Contravention Code 21: Parked wholly or partly in a suspended bay or space). I departed early in the morning of 02/09/2024 and I discovered that my car had been moved and a penalty charge notice issued upon my return to London on 09/09/2024
After reviewing the evidence and relevant case law, I believe that this PCN was issued incorrectly, and I request its cancellation on the following grounds:
1. Disputed Timing of Signage Placement
The council asserts that the suspension sign was placed on 28/08/2024, but my vehicle was parked in the bay on 01/09/2024, and no suspension sign was visible at that time. As per Regulation 18 of The Local Authorities ‘Traffic Orders (Procedure) (England and Wales) Regulations 1996, the council has a legal duty to ensure that parking suspension signage is placed clearly, visibly, and with sufficient notice to motorists. Additionally, the case of Charlie Abbott v London Borough of Wandsworth (2210273791, 4 July 2021) highlights the importance of clear and timely notification. In this case, the tribunal ruled in favor of the appellant because the suspension sign was not visible at the time of parking. The council’s failure to demonstrate that the sign was in place when I parked makes this contravention unenforceable.
I request that the council provide:
• Timestamped photographs showing the exact placement of the suspension sign on 28/08/2024.
• Proof that the sign was visible from the area where the suspension applied.
Without this evidence, the enforcement of the suspension is procedurally invalid.
2. Unsubstantiated Claim About Vehicle Presence
The council claims that no cars were seen in the suspended spaces at the time the sign was erected and that warning notices were also issued to nearby residents. However, my vehicle is regularly parked in this resident parking bay, and I have not seen any kind of notice or received any notification at my residence at 10 Meath Street, SW7 3JS. The claim that no vehicles were parked in the suspended spaces lacks photographic evidence, which is required to substantiate such a statement.
As established in Adamou v Haringey (2015), the council must provide robust evidence to support their claims. I request:
• Photographic records showing that no vehicles were present in the suspended spaces or the entire resident parking bay when the suspension sign was erected.
• Clarification on whether this claim applies to the entire bay or just the suspended spaces.
If other vehicles were present in the bay at the time, this casts doubt on the enforcement process.
3. Unreasonable Timing of Suspension Notice
The suspension began at 00:01 on 03/09/2024, meaning that vehicles parked legally on 02/09/2024 would be in contravention as soon as the restriction started, with no practical way to avoid this. It is unreasonable to expect drivers to monitor the bay at midnight without prior, direct notification.
This timing is procedurally unfair, as it imposes an undue burden on motorists, as also found in Charlie Abbott v London Borough of Wandsworth (2210273791, 4 July 2021), where the tribunal noted that it was unreasonable to expect a driver to check their vehicle regularly if no clear notice was provided.
4. Failure to Notify Directly
The council’s policy requires that warning notices be placed on vehicles parked in suspended bays at least 72 hours before the suspension takes effect. No such notice was placed on my vehicle. The lack of a warning notice, coupled with the fact that I had no prior notice of the suspension, further undermines the validity of the PCN.
This procedural failure contradicts the council's own policies and disregards the legitimate expectation of permit holders to be informed of changes affecting their parking.
Conclusion
The council has failed to provide clear and sufficient evidence of the signage placement, failed to substantiate claims about vehicle presence, imposed an unreasonable suspension notice, and neglected to notify me directly of the suspension. These procedural flaws undermine the legitimacy of the PCN. I request that this Penalty Charge Notice be cancelled in light of these issues and in accordance with the legal precedents set out in Charlie Abbott v London Borough of Wandsworth (2210273791, 4 July 2021).
Unfortunately, I had to submit my representation yesterday as I was nearing the end of the 28-day period. I was unaware of this forum's existence until just recently. What are your thoughts—do I have a case? If this representation is unsuccessful, would it be worth pursuing further action? Thanks in advance.
