Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aubama on October 02, 2024, 04:02:31 pm
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Outcome (https://drive.google.com/file/d/1xIVq2F5sUP2DOC3DI84xgT0M6MiNvErs/view).
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@Aubama the PCN envelope doesn't appear to be properly pushed down against the glass, so you can raise the issue of whether it was properly served. This sort of thing is very subjective but has won before, see for instance Gbenga Ogunyemi v London Borough of Barnet (2190288340, 17 August 2019) (https://drive.google.com/file/d/1Kpltkbg9ubWzBYapa1BTPnvDVZHZ8IHd/view).
The traffic order is The City of London (Parking Places) (Consolidation No. 1) Order 2018 (https://drive.google.com/file/d/1xeUPQWCv5--SC7Yh-Ezn7OdyiVwPimed/view), I haven't had time to check it over but someone might spot something useful.
The real problem you have is that this is a pay by phone bay and your good lady seems to have assumed she could just pop a blue badge on the dashboard and wonder off, which implies she didn't look for any signs at all.
A more promising angle is this one:
(https://i.imgur.com/eMfKDfm.png)
Please read the decisions on rows 636 to 654 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037&range=A636) to understand why (but this argument can only be raised at the tribunal stage, do not mention it in the representations).
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The PCN was served but looks like it could easily have blown away.
Send representations saying your wife found no PCN on the car and from the CEO's pictures it looked flimsily attached under the wiper.
And that driving head on to space the low-down suspension sign was not seen and there did not appear to be a suspension sign on the upright parking sign that controls the parking places, and that no works were evident.
Add any other mitigating fact.
They will probably reoffer the discount.
(https://i.ibb.co/HP1n3Vq/Screenshot-2024-10-02-at-16-13-15.png)
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Any reason at all for not submitting representations on receipt of the PCN ?
By waiting, you've lost the discount, although they may re-offer it if you submit reps against the PCN, but the suspension sign is right by the car, so I can't see the council or an adjudicator looking favourably on an appeal.
If you can tell us more about why your wife didn't notice the very prominent yellow sign, it might help.
She didn't have a fine on the car. Also we have just returned from abroad hence seeing the PCN late.
Going by the picture posted the yellow sign is right in front of the car so I agree appealing would prove difficult, but if there is a way then I'd like to try..she is saying that she doesn't remember the event, shes pregnant and a little short with me at the moment!
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This was a normal Monday and blue badge holders in the City still have to pay to park unless you qualify for their red badge scheme.
That said there are upright signs - only one in that bay run looks to be at F19 - and we'd expect a suspension sign on those too even though the fence suspension says F1-F18.
City has form in misleading suspensions but this doesn't look like one.
https://www.google.com/maps/@51.5174122,-0.0860687,3a,40.5y,307.21h,88.29t/data=!3m6!1e1!3m4!1sOanKNWZ-OeG1ghrEX45gzA!2e0!7i16384!8i8192?coh=205409&entry=ttu&g_ep=EgoyMDI0MDkyOS4wIKXMDSoASAFQAw%3D%3D
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Any reason at all for not submitting representations on receipt of the PCN ?
By waiting, you've lost the discount, although they may re-offer it if you submit reps against the PCN, but the suspension sign is right by the car, so I can't see the council or an adjudicator looking favourably on an appeal.
If you can tell us more about why your wife didn't notice the very prominent yellow sign, it might help.
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Was the PCN no longer affixed when she returned?
Date 05/08/2024 12:21
PCN number CL02027164
Registration number VN21RVL
Street FINSBURY CIRCUS
Location On Street
Contravention Code 21
Contravention 21 - Parked wholly or partly in a suspended bay or space
I must say this image (parked in front of the sign)looks rather damning, but see what others say.
(https://i.ibb.co/bHdvFp3/Finsbury1.jpg) (https://imgbb.com/)
The suspension sign
(https://i.ibb.co/yBg0hyN/Finsbury2.jpg) (https://imgbb.com/)
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Hi there, please could I get assistance with appealing this PCN. My missus has received a NtO for an allegedly parking wholly or partly in a suspended bay or space.
She had parked in the space using a disability badge, she had believed that it was fine to park there and didn't notice any signage stating that she wasn't able to park there.
The area in question is here: https://maps.app.goo.gl/M8YagHH1xfB3mNEj9
I don't have any recent pictures of the area.
Any assistance would be greatly appreciated, thanks
(https://i.ibb.co/zmmQrDL/IMG-0295.jpg) (https://ibb.co/PrrFN0b)
(https://i.ibb.co/QQJBj9m/IMG-0298.jpg) (https://ibb.co/qjDGFB1)
(https://i.ibb.co/zn73myg/IMG-0297.jpg) (https://ibb.co/xCfn2pb)
(https://i.ibb.co/W02Q07G/IMG-0296.jpg) (https://ibb.co/RND1NtY)