Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: summer day on January 11, 2024, 01:27:07 pm
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I called them and they said they went up on the 5th. I honestly don't know how I could have missed it for a whole week, but I'll pay at the reduced rate.
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Do I make a FOI request to get the information?
You request the suspension log from the council. This will give the relevant dates. However, this would delay your reps, so best to submit reps on the basis that your car was legally parked on <date>, and on this date, being familiar with the local parking arrangements, and regular suspensions taking place, you checked your car just before travelling for a short stay abroad, and no suspension sign was seen. Therefore insufficient notice was given of the suspension, and as a resident, you consider the PCNs should therefore be cancelled.
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But is that not until after the NTO?
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You request the suspension log from the council. This will give the relevant dates. However, this would delay your reps, so best to submit reps on the basis that your car was legally parked on <date>, and on this date, being familiar with the local parking arrangements, and regular suspensions taking place, you checked your car just before travelling for a short stay abroad, and no suspension sign was seen. Therefore insufficient notice was given of the suspension, and as a resident, you consider the PCNs should therefore be cancelled.
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Thanks, is there any way of finding out when they put the suspension notice up before I continue with it.
I'm sure it wasn't there but maybe I just didn't see it.
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A typical Fob-Off letter that we see so often, in fact I have never seen one that so totally fails to deal with the PCN and the representations against it.
So it's now up to you, fold and cough-up, or wait for the Notice to Owner and submit reps again.
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I've now received this reply.
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The first thing to do is to submit an informal challenge to the PCN, stating that when you parked your car on <date>, there was no suspension sign. The car was therefore parked legally, yet when you returned to it a PCN had been issued on <date> only a few days after you parked the car. You therefore claim that insufficient notice was given of the suspension. Post-up their reply here when you get it and we can see if it's worth taking them to London Tribunals.
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You might like to note that the format of the Temporary Suspension sign as photographed does not conform to the version that Tower Hamlets got authorised in 2012, which is here:
https://assets.dft.gov.uk/trafficauths/case-3525.pdf
The wording differences don't convey any difference in meaning but they are different. Whether an adjudicator would rule this is "substantially compliant" is a matter of judgement.
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The first thing to do is to submit an informal challenge to the PCN, stating that when you parked your car on <date>, there was no suspension sign. The car was therefore parked legally, yet when you returned to it a PCN had been issued on <date> only a few days after you parked the car. You therefore claim that insufficient notice was given of the suspension. Post-up their reply here when you get it and we can see if it's worth taking them to London Tribunals.
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It's been there for a week but I moved it yesterday morning, back to same space and didn't see the suspension signs. Us there anywhere to see when they were put up?
I went past it twice more today and saw all the cars getting tickets but no one was there doing any work and the suspension was only for today.
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Car has been parked in the same spot for days,
Like how many days ?
Councils must give notice of a suspension by putting the sign up at least 3 days before the suspension comes into force, and longer notice is recommended. As for the motorist, it is unwise to leave a car parked on-street in London for days on end without checking both it and the parking signs.
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Car has been parked in the same spot for days, went today to find a PCN on the window and a suspended bay sign.
Just wondering if there is anything I can do about it.
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