Author Topic: Westminster, code 21, Parked in a suspended bay, Prince Consort Road  (Read 755 times)

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Hello,

First time to post here, would like to thanks in advance for reading this case.

I parked on Prince Consort Road on 12/11 Sunday and immediately noticed that there is a sign for suspended parking. It says clearly that in the 115 metres, 23 spaces are affected. However there are several traffic cones on about 20 of the parking bays, apparently marking the affected bays. Given that on that 115 metres portion of the road there are about 40 parking bays, I therefore assumed the remaining bays are available by common sense and not affected by the suspension.

When I returned 2 hours later, not only me but most of the cars parked there got PCN. Seems to me it's a common sense to read "23 spaces" are affected so the remaining are not, and therefore other drivers assumed the same.

Would a wrong indication on the suspension notice be a good reason of defense?

Thank you for the advice!

PCN:



Notice:



Environment:




Google Map:
https://maps.app.goo.gl/9PnR9TNSkBSgLbM39

Measurement of the "115 metres", showing obviously about 40 bays:
« Last Edit: November 15, 2023, 07:45:56 pm by cp8759 »

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Re: Westminster, code 21, Parked in a suspended bay, Prince Consort Road
« Reply #1 on: »
@alamwuhk2a well the basic issue here is that the signage is ambiguous. You have two clear instructions, one says 23 bays and the other says all bays between two junctions. This is a simple case of contradictory signage, and we can easily draft a representation to deal with that.

That being said, please give us the PCN number and number plate so that we can look at the council photos.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Westminster, code 21, Parked in a suspended bay, Prince Consort Road
« Reply #2 on: »
Thanks for the reply.
The PCN number is WE52379631
Plate number EU66ZHO

You may find the photos on:
https://appeals.westminster.gov.uk/

Re: Westminster, code 21, Parked in a suspended bay, Prince Consort Road
« Reply #3 on: »
These are the council photos:



















Not a single photo shows where your car is in relation to the sign. I was going to draft something for you but the council website says you've already submitted a representation, that being the case please show us a copy of what you sent.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Westminster, code 21, Parked in a suspended bay, Prince Consort Road
« Reply #4 on: »
I worried that if I submit the challenge late, I may miss the discount deadline. So sorry I submitted the challenge, thanks so much for your willingness to help.

Below is my copy of representation:

To whom it may concern,

I am writing to challenge the parking charge notice (PCN) with reference number WE52379631 that I received on 12 Nov 2023 for parking vehicle EU66ZHO at Prince Consort Road. I believe that this PCN was issued incorrectly and should be cancelled.

The reason for my challenge is that I received contradictory suspension instructions. The parking bay was not consistently marked as suspended and that there was conflicting information on the sign and notice.

The suspension instructions indicated that the affected location is "All bays between the junction with Exhibition Road and Kensington Gore, outside the Royal College of Mines", and "115 metres (23 spaces)" were affected. However, in fact there are 39 parking bays at the location, as shown by the map and the photos that I have attached. This means that the instruction was inaccurate and misleading, and that I could not have known which parking bays were actually suspended and which were not.

Moreover, according to the Traffic Signs Regulations and General Directions 2016, PART 1 THE TRAFFIC SIGNS REGULATIONS 2016, 6.Expressions of time and distance and for parking restrictions, (4) An expression of distance on a sign must be in imperial units.[1] Given that the notice on the suspension instructions indicated "115 metres", it was not compliant with the law and further complicates the confusion to drivers.

Notwithstanding the confusion and incorrect signage, I noticed that about 15 parking spaces near the junction and about 8 spaces outside the Royal College of Mines were marked with yellow "No Parking" cones as shown in the photos that I have attached. Therefore the vehicle was not parked at those 23 spaces as mentioned on the notice. The photos taken by CEO also serve as an evidence, clearly showing the vehicle was not parked at those marked spaces.

Therefore, I request that you cancel the PCN. Thank you for your attention and cooperation.

Re: Westminster, code 21, Parked in a suspended bay, Prince Consort Road
« Reply #5 on: »
The reference to the TSRGD was misguided but it's not the end of the world. Given the sign is contradictory, I'd say you should forget about the discount and take this all the way. If you have a good reason to appeal to the tribunal, the discount suddenly becomes irrelevant.

Let us know when you get the rejection, also is the car registered to you and do you have the V5C? If so, please check whether the address is 100% accurate and up to date (don't assume it is).
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Westminster, code 21, Parked in a suspended bay, Prince Consort Road
« Reply #6 on: »
Thanks a lot for your help. The appeal is successful :) !