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Hi I wonder if anyone can help.

I received three PCN's from Hampshire County Council.

I parked my car late, around 9:00 pm, in zone P, which I have a permit for, on the 3rd of July. I returned to the car late on the 9th July to find three parking tickets on it. They were dated the 7th, 8th, and 9th for parking, where there was a parking suspension notice, which was not up on the 3rd of July. All this time, I have been at home nearby, but have not been going to visit my car as there was no need. The car was parked 10 minutes away on a road distant from my normal daily activity, as I work from home. The tickets were for violating a Parking Suspension for electrical works in the road that, ironically, never appeared to have taken place.

The council have all the information to send me details of any forthcoming suspension by email, letter or text message. None of this was done. A friend has made a FOI, freedom of information, request to find whether there was any correspondence by the council about the suspension, and in response, they have declared there was none.

Is this legally enforceable? I would say I have not been given proper notice. What if I had been on holiday, or ill in hospital, there could be many reasons to not visit my vehicle daily to check for suspension notices.

The system does not work for anyone. If given a digital message that the suspension was coming, I could have removed my car quickly. Instead, my car just sat there gaining tickets.

I am contesting this and have not paid the fine. Any ideas?

Hi, thank you very much for your response.

I  include one of the PCNs I received. The other two are identical. It is ridiculous that they cannot send out the Suspension of Parking notice digitally, by email or Messenger, etc. The councils are certainly happy to send out renewal requests. 

Can you point to any documents which confirm that they cannot give more than one PCN for the same offence? Or any other case law that might be relevant.

Very best, Andrew Carnie

Hi, Thanks, here is a close-up of the PCN I took when I decided to fight the fine.

Also included is the RESIDENTS’ PARKING SCHEMES TERMS AND CONDITIONS.
It seems to me there is no suggestion I should check my vehicle every day to see if there is a Parking Suspension.
 
Best Yours Andrew

Very sorry, I did not understand properly. Here are I hope the three PCNs you wanted.

Did you get the terms and conditions?

Hi, I have been out all day, hence the delay in getting back to you.

So the PDF I sent you of the PCN's was two pages and included PCN PV1223062 PV1224012 and PV1224056, the one you mentioned.

I have challenged all three, and as the owner and registered keeper of the vehicle G950 VUE, I have now received three NTOs.

Very best yours Andrew

The dates all three were posted to me was the 14th of August

Here we go

Still no NTOs posted in the thread as far as I can see.

If all 3 were posted 14 August then they're deemed served Mon. 18th giving the last day of the 28-day period in each case as 14 Sept.

In short: you parked on 3 July at which time you say that a suspension sign had not been erected. PCNs were issued on consecutive days 7,8 and 9th. You recovered your vehicle on 9th.

IMO, your statutory defences are:
For PCNs 2&3, that the penalty exceeded....circumstances, these being that the car was stationary between 3rd and 9th and therefore the contravention was continuous and only a single penalty may be demanded;

For PCNs 1,2 and 3, contravention did not occur because the suspension sign was not erected prior to you parking or, as far as your know, even prior to the suspension coming into effect. If the authority contends all or any part of these reps then they must provide proof e.g. timed photos with the signs in situ etc.