Author Topic: Haringey, code 21 parked wholly or partly in a suspended bay or space, Raleigh Road  (Read 383 times)

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I live on a permit only street and went away for a week. To my shock, I received two parking tickets for parking in a suspended bay, one of which was allegedly for electric vehicles when there are no electric vehicle bays on my street. I suspect - and based on discussions with neighbours - that the suspension signs were put up with only a few days notice. I tried to appeal but their retort was this: 'Before we suspend parking bays, we have to put up warning signs and we did this. It is up to drivers to check on their cars every day to make sure that the parking bay is not being suspended.' I have a permit account with my email but received no email notice of these ongoing works. Even a ticket officer I spoke to about it in person said it's grossly unfair!

They've also spelled my name wrong on the letter, which doesn’t fill me with confidence that these are attention-oriented people.

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For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here
both sides of each unredacted PCN,
a copy of your challenge(s),
a copy of their rejection(s).
and
a GSV link to the location.

I know it sounds a faff, but at the moment you know all the facts for your particular case, but we are in the dark -- for example, you know the dates of the PCNs, which set the deadlines for the whole enforcement process -- which is??


Here are the PCNs: you may wish to redact your name from the correspondence, so I have not posted it here.







« Last Edit: September 11, 2024, 05:29:41 pm by John U.K. »

So you have received the usual Fob-Off letter in response to an informal challenge. Typical of all London councils, because they know if they refuse all informal reps, then most people just cough up.

It is, of course, complete tosh to say you must check on your car every day, otherwise nobody in Haringey with a car would be able to go on holiday.

The basic fact is your car was parked there legally when the suspension sign was put up and they should have taken dated photos of all cars in the suspended area at the time. In addition to this they are also obliged to give sufficient notice of suspensions. one or two days is totally insufficient.

Of course, if you decide to fight this PCN, you'll have to wait for the Notice to Owner, submit your reps again, and when rejected, register an appeal at London Tribunals. Cases like yours happen all the time in London,


The suspension sign says it's for a telecoms firm but I can't read it all. There's no reference number on the notice.

On the second day there didn't seem to be any works. I wonder if this was another mandated suspension for other bays when the primary ones were car club, disabled somewhere else.





Thanks for your guidance. Annoyingly, it's coming up to the deadline to pay and no word from the council. Fortunately I have a few friends who are lawyers who helped me word my response:


Thank you for your response. However, I must respectfully disagree with your decision and would like to address several points regarding the penalty and the circumstances surrounding it. I have contested the ticket once again, attaching this letter on the online portal, and request that the PCNs go on hold while I await your response to this letter. Please confirm you have done so.

While I understand that my car was in a bay subject to suspension, I find the expectation that drivers must "check on their car every day" to be unreasonable, particularly when the council has failed to provide sufficient notice of the suspension. The signs, as mentioned in your letter, may have been put up, but I was not made aware via email or other direct communication, despite the fact that Haringey Council holds my contact information. Given this, it was entirely possible and reasonable for me to believe that the area was still available for parking during my absence.

Furthermore, the notion that drivers should check their vehicles every day, regardless of circumstance, is impractical and does not take into account situations where this would be impossible. In my case, I was away on holiday and also severely ill, circumstances which clearly impeded my ability to monitor my vehicle. Others may similarly face obstacles, such as hospital admissions or emergencies, and under your current policy, they too would be unfairly penalized. The responsibility to inform residents of such suspensions should not rest solely on vague signage that can be missed if one is unable to check daily.

Additionally, the Penalty Charge Notice appears to be inaccurate in stating the nature of the contravention. It suggests that I was parked in an electric vehicle bay, yet there are no such bays on my street. This error further highlights the lack of attention to detail in issuing this notice, which not only undermines the accuracy of the penalty but also raises concerns about the validity of the enforcement process.

On top of this, the misspelling of my name in your correspondence demonstrates a general lack of care in handling this matter. I expect due diligence from a local authority in both the accuracy of the penalty details and the correct identification of residents, particularly when financial penalties are at stake.

I have sought legal advice on this matter and am prepared to challenge this penalty further, as I believe the law is on my side. The council’s failure to provide adequate notice through modern, accessible channels, its reliance on an unreasonable expectation of daily vehicle checks, and the inaccuracy in the contravention all contribute to this unjust penalty.

I kindly request that you reconsider this Penalty Charge Notice, as I am confident that my argument is legally sound and I will pursue this matter if necessary.

Thank you for your attention to this matter.

Have you had rejections for both PCNs.

Email them and ask when the suspension sign was put up - they have records and they also should have a log of the cars in the suspended area so ask them if yours was one.

One PCN is clearly wrong - it's not an EV bay so that should fall on that alone.

While councils can alert residents to suspensions this isn't usual so that's not a useful line. One council (Camden) does have an email alert system but I don't know of others.

If they suspended the bay while you were away or ill this is a point they must consider.

In London especially you must check bay signs regularly but every day is not necessary - every 2-3 days should cover most upcoming suspensions.