Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Thor on May 17, 2024, 02:40:33 am
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Simply the best.
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Well Done :)
And Thank you for letting us know - so often OPs leave us in the dark.
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Update on the case.
I apologise to everyone, and esp. @Hippocrates, for the lengthy silence - it was a rough year for me.
The case went to adjudicators with the following response of mine:
https://drive.google.com/open?id=1gzU26IuEO3NSbFyx_ruBqZf4tjBfoaw5 (https://drive.google.com/open?id=1gzU26IuEO3NSbFyx_ruBqZf4tjBfoaw5)
Attached were photos from the original appeal:
https://drive.google.com/open?id=1Am4lB4L7nfWGOM9E0FRP4dGMdtEVNJAQ (https://drive.google.com/open?id=1Am4lB4L7nfWGOM9E0FRP4dGMdtEVNJAQ)
The local authority has submitted their version - case summary along with copies of all the past correspondence, photos and system logs. Selected pages:
https://drive.google.com/open?id=1hH6C7pXUUUy-Rw1qskG_pLoL2Kf2j6EY (https://drive.google.com/open?id=1hH6C7pXUUUy-Rw1qskG_pLoL2Kf2j6EY)
The adjudicator ruled in my favour:
https://drive.google.com/open?id=1koPKojttodEQXo0ZN5hPSg-eSEBULd-E (https://drive.google.com/open?id=1koPKojttodEQXo0ZN5hPSg-eSEBULd-E)
Thank you everyone for your advice.
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am i missing something? the suspension is for loading not parking
Are you not familiar with the symbol for No Waiting (aka parking) ? Two of these are on the sign either side of the words "Suspension No Loading"
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am i missing something? the suspension is for loading not parking
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@Thor I have just checked the status of your PCN. £110. Where are we in the process? You must stick to the process and get representations in on time. Their website is rubbish and I have been through all statutory grounds which are all unavailable on the site!
I am happy to represent you as they folded when this was raised a few weeks ago.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/code-27-royal-borough-of-kingston-upon-thames/msg33605/#msg33605
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@Thor If you follow cp's advice, they will be "hammered". Could not resist the pun. Seriously, do so. I luv Kingston - not.
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Well the CEO's photos do not establish a contravention:
(https://i.imgur.com/cWJhFd9.jpeg)
(https://i.imgur.com/9EsMyHF.jpeg)
(https://i.imgur.com/T2M7Iyo.jpeg)
(https://i.imgur.com/EnxfhKb.jpeg)
(https://i.imgur.com/jomeWIz.jpeg)
(https://i.imgur.com/tnB9hij.jpeg)
(https://i.imgur.com/EDKMmRB.jpeg)
(https://i.imgur.com/cjLeTlh.jpeg)
(https://i.imgur.com/zSa6dTa.jpeg)
There is literally nothing to show where the car is in relation to any of the signs. Even if there were, the signage needs to be clear and unambiguous and there is nothing obvious about which 13 spaces the sign refers to.
On top of that, any challenge to a Kingston PCN is almost bound to succeed and you have a fair chance of getting costs, given this string of decisions:
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2230464748, 15 February 2024) (https://drive.google.com/file/d/1Q88oTLrU2jQVfF8GH4_qDIrcjnWr9Ozh/view)
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2230487415, 23 February 2024) (https://drive.google.com/file/d/1BsSXu-Op8qxCns4Glwd1ojwu5Y4rSsXk/view)
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2230545861, 26 February 2024) (https://drive.google.com/file/d/1BT9woH9WHHUNmWrhFUGn8MGDNnOJePUM/view)
Stanmore Quality Surfacing Ltd v Royal Borough of Kingston Upon Thames (2240138955, 18 May 2024) (https://drive.google.com/file/d/13D9t_RFUl68WIrqcDJjgP8HP0q9o_-bi/view)
@Thor is the car registered to you and do you have the V5C?
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As I understand it, the driver parked in the clearly delineated parking place - as regards the kerb which forms one of its boundaries- and their defence is that the sign which is clearly visible therein relates only to partial suspension of this parking place because more than 13 cars could be accommodated and is therefore unclear as to which lengths of the parking place are and are not suspended, is this correct?
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Please get and pot all the council photos also post the PCN and your challenge so we can see what can be done
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Hello,
First time here :)
A street in Kingston was to be used for filming over two days, and our council blocked "13 pay-and-display parking spaces alongside the railway" for the filming crew. Notices were put up along the road two weeks in advance (see photo no. 1), and indeed the street was nearly empty on the day, even as the film crew failed do turn up.
Now, even as the council has legislated "13 parking spaces", the road markings there don't show any spaces. Not a single one. If anything, there are three veeeery long parking bays, each able to accommodate 6-10 vehicles. See photos no. 2 and 3.
Location: https://maps.app.goo.gl/uvBa7oSdjwLMf2nA9 (https://maps.app.goo.gl/uvBa7oSdjwLMf2nA9)
One can wonder how does the council expect the 13 imaginary spaces to be counted (and from which end of the road).
Now, I received a PCN for "parking in a suspended bay or space".
I've appealed, explaining that there're no delineated parking spaces in that location, and so it's impossible to count thirteen of them even with best intentions, however my appeal was rejected (photo no. 4). As is the local tradition, council's letter included a fair amount of canned responses to questions that weren't asked.
Now, I wonder whether the council has a right to pursue a driver for breaching an order that used wording so vague as to be next to impossible to understand. Also, does "parking space" have to be designated, or "13 parking spaces" can be simply an estimate amount of space taken by 13 average vehicles? What's the law here? What should I do?
Thanks,
Thor
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