Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: MuddyVenturer on March 08, 2025, 03:21:58 pm
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Thank you everyone for all your help. I will submit the challenge tomorrow.
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I would suggest an amendment:
On the day the PCN was served I drove to the parking bay and parked. The sign closest to where my car was parked had no suspension sign attached [despite this being within the suspended area]......
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OP, you have a very strong case to take them to London Tribunals if they proved to be obdurate. You are entitled, as a motorist to take the information on the sign closest to your car as applicable for your parking. There was no suspension sign on the nearest sign.
You could try this: -
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Dear Sirs
Re PCN <number> served on <date> at <location>
I deny responsibility for payment of the above PCN on the grounds that the alleged contravention did not occur.
On the day the PCN was served I drove to the parking bay and parked. The sign closest to where my car was parked had no suspension sign attached. As you well know, a motorist is entitled to take the information on the bay sign nearest to where the vehicle is parked as applicable.
I therefore request that the PCN be cancelled forthwith.
Yours faithfully
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As this would be an informal challenge, they will invariably send you the usual Fob-Off letter, which you have to ignore and wait for the Notice to Owner, and submit the reps again. Only when these are rejected can you register an appeal at London Tribunals.
Is your car lease or hired, because if it is the NtO goes to the vehicle owner not you. A lot of hire/lease companies just pay whatever they are asked and charge it off, plus a nice fat "admin fee" of course !
Thank you very much Incandescent. No the car is not leased or hired. It is owned by me / I am the registered keeper.
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The suspended area was 8 car spaces.
Within this area sit two traffic signs.
Only one of these carried the suspension sign.
The one which did not was nearest to you car.
Correct?
Thank you, Yes, - if you mean by 'traffic signs' the lamppost on which the Mon-Fri 8am-Noon parking control/restrictions signs are placed on. There was one lamppost by my car in Bay 1 with the normal parking restriction sign but no suspension notice, another lamppost besides bay 5 with the parking restriction AND the suspension notice, and by Bay 8 there is no lamppost but there is the pay station.
So yes within those 8 bays there are only 2 lampposts with parking control signs, only one of which had a parking suspension sign, (not the one next to my car)
Thanks so much for your response. Hope above is clear
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OP, you have a very strong case to take them to London Tribunals if they proved to be obdurate. You are entitled, as a motorist to take the information on the sign closest to your car as applicable for your parking. There was no suspension sign on the nearest sign.
You could try this: -
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Dear Sirs
Re PCN <number> served on <date> at <location>
I deny responsibility for payment of the above PCN on the grounds that the alleged contravention did not occur.
On the day the PCN was served I drove to the parking bay and parked. The sign closest to where my car was parked had no suspension sign attached. As you well know, a motorist is entitled to take the information on the bay sign nearest to where the vehicle is parked as applicable.
I therefore request that the PCN be cancelled forthwith.
Yours faithfully
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As this would be an informal challenge, they will invariably send you the usual Fob-Off letter, which you have to ignore and wait for the Notice to Owner, and submit the reps again. Only when these are rejected can you register an appeal at London Tribunals.
Is your car lease or hired, because if it is the NtO goes to the vehicle owner not you. A lot of hire/lease companies just pay whatever they are asked and charge it off, plus a nice fat "admin fee" of course !
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IMO, you cannot have a traffic sign within a suspended area which doesn't carry a suspension sign.
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The council's pics show no parking sign by the car and the pic of the suspension is just a close up so I doubt an adjudicator will look kindly on this should it get that far. These are the only useful pics - others are blurred/mistakes/close ups of car.
(https://i.ibb.co/k6Vs5gWT/Screenshot-2025-03-09-at-19-51-12.png)
(https://i.ibb.co/93Z66Msr/Screenshot-2025-03-09-at-19-51-18.png)
(https://i.ibb.co/hJPN5yjG/Screenshot-2025-03-09-at-19-51-33.png)
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The suspended area was 8 car spaces.
Within this area sit two traffic signs.
Only one of these carried the suspension sign.
The one which did not was nearest to you car.
Correct?
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Link for photo:
https://imgur.com/a/CsjDNYl
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Also, here is another picture from GSV with annotation...
1 = Direction of my arrival at the end bay
2 = Bay in which I parked
3 = Sign closest to my car which detailed parking restrictions Mon-Fri 8am-Noon
4 = Station entrance to where I walked from my car
5 = Lamppost 5 bays away where the signage for suspended parking was later discovered after PCN received.
[attachment deleted by admin]
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Thank you - just did it:
https://maps.app.goo.gl/FqAv55NHp9tchpTG7
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Please do let me know if there is any further information required in order to assess my case.
Many thanks
A GSV link to the location would be helpful.
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Please do let me know if there is any further information required in order to assess my case.
Many thanks
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Thank you @stamfordman
I will post PCN.
[attachment deleted by admin]
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Post the PCN, no redactions.
You are entitled to rely on a parking sign nearest to your car.
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Advice please...
On my way out for the evening, I approached the train station from the west and parked in the very 1st bay near the train station. The lamp post next to my car had a parking restriction sign stating that parking was restricted Mon-Fri 8am-Noon which I checked as I moved away from my car and walked into the train station. I parked the car at 17:18pm
3 hours later there is a PCN on my windscreen. The PCN alleges that my vehicle was parked in a suspended bay. There was no signage indicating the suspension near my car. On exploration, a notice advising the suspension of some of the parking bays was found 5 parking bays away on a lamppost further up the road towards the east (the opposite way to which I had approached). About 100ft away. This distance seems unreasonable for a driver to notice and be informed of a parking suspension (especially if they approached from the opposite direction and did not pass the Parking suspension sign before parking.
I will include some photos. On one photo the notice about the parking suspension can just been seen in the distance up the road.
https://imgur.com/gallery/pcn-mayfield-road-7tVg10w
(https://imgur.com/gallery/pcn-mayfield-road-7tVg10w)
It is my understanding that for a suspension to be enforceable, adequate and clear signage must be placed in the immediate vicinity of the affected bays to inform drivers of the temporary restrictions. As this was not the case, I had no knowledge of the suspension and therefore could not have knowingly parked in a suspended bay.
I would like to challenge the PCN since I do not believe I was adequately informed of this suspension. How should I word my objection.
Surrey County Council
Code 21 - parked in suspended bay
Location: Mayfield Road - Walton on Thames
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2F04ic2iO.jpg&hash=316fa3b420c69636f6861819d1c1d12379a84b5b)[/img]
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2FQ1Py0JX.jpg&hash=d90d81d9e0bca31c59b2cb44192d847cae7b097d)[/img]
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2FIeNCX2P.jpg&hash=11145dcf7af0a3cd1be1deff4ccd1017d355bf95)[/img]
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2F04ic2iO.jpg&hash=316fa3b420c69636f6861819d1c1d12379a84b5b)[/img]
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2FQ1Py0JX.jpg&hash=d90d81d9e0bca31c59b2cb44192d847cae7b097d)[/img]
(https://i.imgur.com/MwIEOTY.jpg)
(https://i.imgur.com/6ASagER.jpg)
(https://i.imgur.com/ejXHGNF.jpg)
Many thanks for any help.
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