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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Evolution on November 18, 2023, 02:24:29 pm

Title: Re: Durham CC, Code 21 - Parked in Suspended Bay, Old Elvet Durham
Post by: cp8759 on December 15, 2023, 04:02:11 pm

Traffic order:

https://tro.trafficpenaltytribunal.gov.uk/TRO/Durham/7-Durham-City-NE-Parking-Waiting-Consolidaton-Order-2015-202.pdf
https://tro.trafficpenaltytribunal.gov.uk/TRO/Durham/8-Durham-City-North-East-Parking-Waiting-Restrictions-Consol-Order-2015-Amd-1-Order-2017.pdf

Title: Re: Durham CC, Code 21 - Parked in Suspended Bay, Old Elvet Durham
Post by: Evolution on November 20, 2023, 08:44:52 am

Thanks very much for taking the time to formulate that reply, apologies, i clearly hadn't read the instructions correctly about posting the front and rear of the PCN, i will post this tonight once I'm home


Regards

Title: Re: Durham CC, Code 21 - Parked in Suspended Bay, Old Elvet Durham
Post by: cp8759 on November 19, 2023, 11:45:22 pm

Well no wonder you missed the sign the council relies on, these are the council photos:

(https://i.imgur.com/JzVDsAV.jpg)

(https://i.imgur.com/6f1mave.jpg)

(https://i.imgur.com/KPm04FK.jpg)

(https://i.imgur.com/dRgFCPC.jpg)

(https://i.imgur.com/M7ckloN.jpg)

(https://i.imgur.com/WYObKoE.jpg)

Draft reps:

Dear Durham County Council ,

I challenge liability for PCN DU15720852 based on the inadequacy of the signage. At the time when I parked I did not see any signs indicating parking was suspended, but there was a sign to the rear of my car indicating parking would be suspended the following day.

It seems somewhat unconventional that traffic signs would be resting on top of a traffic cone rather than being attached to the regulatory sign for the bay, as such signs could easily be moved around by CEOs, children, teenages and so on; as a precaution I took photos of that suspension sign which I attach.

Having seen the CEO's photos, I note the CEO relies on a parking suspension sign that on a cone placed on the carriageway in front of the car parked ahead of mine, so it was simply not visible to me when I got out of the car.

Owing to the inadequate signage, the alleged contravention did not occur.

Yours faithfully,

Send representations online (https://parkingservices.nsl.co.uk/durham/notices/), upload the photos you took of the sign behind your car, and keep a screenshot of the confirmation page.

Also please post up the back of the PCN.

Title: Re: Durham CC, Code 21 - Parked in Suspended Bay, Old Elvet Durham
Post by: Evolution on November 19, 2023, 09:33:18 am

Link to google street view for reference

Street View (https://www.google.com/maps/@54.7749826,-1.5688103,3a,75y,23.97h,72.4t/data=!3m6!1e1!3m4!1sutX_kNY9DEHom6VKTZYIag!2e0!7i16384!8i8192?entry=ttu)

Title: Durham CC, Code 21 - Parked in Suspended Bay, Old Elvet Durham
Post by: Evolution on November 18, 2023, 02:24:29 pm

Afternoon,

VRM: ND65HKJ
PNC:DU15720852

Also, link to Pepipoo post as requested by moderator Pepipoo Post (http://forums.pepipoo.com/index.php?showtopic=152096&st=0&p=1798679&#entry1798679)



I parked in a bay which i believed to be suspended on the 12/11/23. The bay i parked in appeared to have a suspension notice attached to a cone which was from 7am on the following day, 13/11/23, see in the 1st image, for the suspension notice. Knowing how bad DCC wardens can be, the image was taken prior to the ticket being issued, just in case. 2nd Image shows the location of this cone with my car in the background.

1st Image
(https://flic.kr/p/2pgkFec)

2nd Image
(https://flic.kr/p/2pgswkp)


The location of the notice, at the time i did not consider to be ambiguous at the time, but upon my return, more cones had appeared in the surrounding bays, as well as cars with tickets, including mine.
As seen in the 3rd image, all the cones and the one that has another suspension sign mounted on it, is actually in the road, and at the time of parking, must have been between 2 parked cars. This notice was a suspension from 7am on the 12/11/23 and it covered 4 bays, so I'm presuming that this is what i have fallen foul of, not the one that i photographed covering 2 bays for the next day

3rd Image (my car was parked where the van was, image to show cone displaying parking suspension for the 4 bays clearly on the road in between cars)


Whilst i understand the requirement for parking suspension, i believe in this case, when dealing with specific bays all being suspended on differing days, the signage and should be in a fixed position and not a traffic cone that is easily moved around, this is very misleading.


The original PCN is in the final image
(https://flic.kr/p/2pgkFe2)



Any help or advice on this issue is much appreciated

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