Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sophstud on July 02, 2024, 06:34:58 pm
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Looking at the suspension pictures from CP there appears to have been more than one suspension as some of the dates are outside the issue of the PCN. interestingly in this picture:
(https://i.imgur.com/72iNWU9.jpeg)
there appears to be an additional sign attached to a traffic cone right next to the bay you parked in.
Was there a sign on a cone when you parked?
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I’d be inclined to remind the Council that they have a duty under the RTRA 1984 to place adequate signage. The fact that Part III to the Schedule to The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 requires under paragraph 7© (https://www.legislation.gov.uk/uksi/1992/1215/schedule/made) the covering up or removal or existing signs when the statutory parking place is suspended is evidence that Govt does not consider the non covering or non removal or existing signs to be adequate. To have a prescribed regulatory sign conveying parking is permitted and also a temporary sign conveying parking is prohibited creates an ambiguous situation where a person has to make a judgement between a familiar prescribed regulatory sign and a less familiar cardboard cut out sign. Having in place two signs that contradict is not adequate and where ambiguity exists the legal principle is to favour the appellant and therefore the PCN should be cancelled.
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As a blue badge holder, I do not pay for parking and so did not seek out a ticket machine - if I had, I would’ve seen the signs and not parked there..
IMO, not looking is not an option open to you, BB or not. A motorist is required to check the traffic sign. IMO, your only plus seems to be that the suspension covered all the bays covered by the traffic sign which it could be argued should itself have been covered, but it wasn't. Otherwise, 'I didn't bother looking because I have a BB' could not succeed at adjudication IMO.
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Suspension logs & photos:
(https://i.imgur.com/42zZMgE.jpeg)
(https://i.imgur.com/GZe7IRo.jpeg)
(https://i.imgur.com/9oxRpgs.jpeg)
(https://i.imgur.com/sHO4YCD.jpeg)
(https://i.imgur.com/v5ge2v5.jpeg)
(https://i.imgur.com/EJpOjLz.jpeg)
(https://i.imgur.com/PtJN24l.jpeg)
(https://i.imgur.com/Z21VrLJ.jpeg)
(https://i.imgur.com/v57LgVV.jpeg)
(https://i.imgur.com/72iNWU9.jpeg)
(https://i.imgur.com/3C87cRa.jpeg)
(https://i.imgur.com/ClHsxNO.jpeg)
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The problem is the council photos show the suspension sign reflected in the nearside door glass, and also the windscreen, thus reducing the impact of your reps somewhat.
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Well, that didn't work lol
https://we.tl/t-zJjcqSdLmJ
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Still slightly obscured
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That will do for an informal challenge. By the way can you show us this photo of the sign being moved further up?
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@Incandescent
Hi I was working at the ABC building yesterday morning and received a ticket for parking in a suspended bay. I entered Little Byron St from Quay St and parked in the very first bay. As a blue badge holder, I do not pay for parking and so did not seek out a ticket machine - if I had, I would’ve seen the signs and not parked there. Upon entering Little Byron St, the suspension signs are not visible unless you travel further down the road. As you can see from the pictures below, the sign was not visible as it seems to have slipped down so that the green cabinet is obscuring it. It’s also facing up the street, so you can’t see it unless you travel along the street. The car in the picture is not mine, I had already moved it at this stage, but this was where I parked. I noticed today that the sign has now been moved so that it is higher up, not obscured and facing down the street. This is good, so other motorists don’t face the same problem, but it doesn’t help me with my ticket. I’m really hoping that this ticket can be cancelled. I did not leave my car there knowing that I was not supposed to, the sign was simply obscured. It’s even more frustrating because had I parked on the double yellows which was next to my bay, I wouldn’t have received a ticket!
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Here are the council photos:
(https://i.imgur.com/mm9p2ZP.png)
(https://i.imgur.com/1GPQ7qd.png)
(https://i.imgur.com/BxCLKzu.png)
(https://i.imgur.com/nWPApAA.png)
(https://i.imgur.com/e0df2wk.png)
(https://i.imgur.com/GeunUnC.png)
(https://i.imgur.com/WeAC5nj.png)
(https://i.imgur.com/Ts90n7c.png)
(https://i.imgur.com/LAEjCVI.png)
(https://i.imgur.com/voAIuA1.png)
@sophstud post a draft representation on here please, in the meantime I'll get hold of the suspension logs.
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The sign giving the parking conditions is right by your car, but the suspension sign would seem to have slipped down the pole, so is obscured by the green cabinet which I assume is for telephone cables. So it is not prominent at all.
So I suggest you submit an informal challenge based on your narrative, pointing out that as a BB holder you do not have to walk to the ticket machine, and on exiting the car, saw no suspension sign. The sign was found after you returned to the car and found the PCN, which was at the bottom of the parking sign pole, and thus invisible to anybody on the other side of the roadside green telecoms cabinet. Don't be confrontational or anything at this stage.
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I have a blue badge so did not need to pay for parking and therefore would not have seen a suspension sign on the pay machine. I turned onto the Lower Byrom from Quay street and parked in the very first bay.
I then exited onto Quay st. The first suspension sign is not visible from where I parked my car, as can be (not) seen from the pics. The car in the pic is not my car but that is where I parked.
(https://i.imgur.com/SvvHAlm.jpeg)
(https://i.imgur.com/AgZokBO.jpeg)
(https://i.imgur.com/zdn5hjP.jpeg)
(https://i.imgur.com/2H1SK38.jpeg)
(https://i.imgur.com/stAHJx2.jpeg)
Also annoyed because I'm assuming that had I parked on double yellows just before the bays, I wouldn't have got a ticket!
https://maps.app.goo.gl/oJoddvfiNpAT1AEv8
thanks in advance for any help!