Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: PeteW on May 08, 2024, 08:58:26 pm
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A local resident told me she did not think any of these signs were there last week, but I can't imagine there's any way of proving that.
Actually it would be incredibly easy to prove that, but as you've paid it's too late.
It's a pity because a one line representations simply saying the contravention did not occur would have seen the discount extended by several weeks, and would have given us time to do a proper investigation.
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Thanks for your response.
Yes I think your assessment is correct and I will likely have to have to chalk this one up to experience…!
Don't rush to pay, wait until near the discount end time, in case somebody thinks of something I've not mentioned. Don't miss the deadline, however.
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Thanks for your response.
Yes I think your assessment is correct and I will likely have to have to chalk this one up to experience…!
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The sign on the opposite side of the street is irrelevant, as it only applies to that side, and not where you parked. This is the basic rule for signage; only signs on the side where parked apply.
Looking at the sign for the bay where you parked, it seems fairly close to your car and is also (a key feature) attached to the sign for the bay. So, reading your narrative, it seems you erroneously took the sign on the opposite side of the street as applicable to your side, and (1) didn't go an look at the sign for the bay where you parked, and (2), never saw the suspension sign on the bay sign where you parked, correct ? If so, you are going to struggle, because it does appear as if the council have signed the suspensions correctly, and you have misunderstood the rules on signing parking bays and suspensions of parking.
So, looking at your question : -
I note the LBHF Cancellation Guidelines spreadsheet suggests the following criteria for a code 21:
Suspension sign error
Suspension sign missing or not visible from where the vehicle is parked
Would either be applicable in this instance? Or any other ideas on how best to challenge this?
In my opinion, neither applies, and the suspensions seem to be correctly signed. However, that is my opinion, so wait a bit and see what the others say, but don't miss any deadlines for paying or submitting reps on the PCN.
The PCN looks OK and correctly made out.
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On 30th April I parked on Charleville Road (https://maps.app.goo.gl/JKgbdZAbTGhBhAws8) where there were signs for a parking suspension. I looked at the nearest notice (which was on the other side of the road) and it said that parking was suspended from the 8th of May. Further down the road (on the side that I was parked on) there were additional notices, which as it turned out said parking was suspended in the spaces I was in from 30th April.
I received a code 21 PCN for parking in a suspended bay.
I would say that this is unclear signage. The sign a couple metres from my car did not say parking in that space was suspended, but the sign maybe 20 metres away said it was. It seems unreasonable to expect people to look at anything other than the nearest sign.
A local resident told me she did not think any of these signs were there last week, but I can't imagine there's any way of proving that.
I note the LBHF Cancellation Guidelines spreadsheet suggests the following criteria for a code 21:
Suspension sign error
Suspension sign missing or not visible from where the vehicle is parked
Would either be applicable in this instance? Or any other ideas on how best to challenge this?
Many thanks for your help
Pete
Nearest sign - talking of a different suspension
(https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/en/fi76wqp9clm5.jpg)
Relevant sign to my restriction
(https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/0s/bwmnho59gxq1.jpg)
The locations of my car, the nearest sign and the relevant sign
(https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/7x/80sz26sgszxf.jpg)
PCN front
[attach=1]
PCN Rear
[attach=2]
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