Show Posts
1
Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest - code 02a - parked in restricted street (temporary order), Victoria Road, PCN and tow
« on: October 25, 2024, 09:47:53 am »
Hi all, just wanted to update you that I won at the tribunal and all fees will be refunded!
The judge was unsure about the clarity of the signage but decided to look more closely at the evidence provided by the council and I got lucky...
"Adjudicator's Reasons
I heard the Appellant in person.
Having previously read a sign in an adjacent road, which made reference to Victoria Road and did not show that road as the subject of a suspension on the 18th, she parked in Victoria Road and did not notice that the dates on the sign shown in the CEO's photograph differed from the sign she had read. However it is unnecessary to arrive at a conclusion as to whether the signing of different dates for the same road could in these circumstances be viewed as confusing as the Appeal falls to be allowed for the reasons below.
The Council, and its signage speaks of a "suspension". However in its case summary the Council also states that the actual restriction is a temporary waiting Order , and it is for a breach of this Order that the PCN was issued. The exercise of the power to suspend a designated parking place and the imposition of a temporary waiting order are two different things and should be signed for what they are. More fundamentally, in the case of the latter , the Council is required to provide a copy of a Traffic Management Order ( as opposed, in a suspension case, to evidence of a decision to suspend the bay). In the absence of a TMO, and in view of the persistent references to a suspension, l am unable to be satisfied that the contravention relied on by the Council occurred and the Appeal is therefore allowed. All sums paid must be refunded."
Thanks for everyone's input!
The judge was unsure about the clarity of the signage but decided to look more closely at the evidence provided by the council and I got lucky...
"Adjudicator's Reasons
I heard the Appellant in person.
Having previously read a sign in an adjacent road, which made reference to Victoria Road and did not show that road as the subject of a suspension on the 18th, she parked in Victoria Road and did not notice that the dates on the sign shown in the CEO's photograph differed from the sign she had read. However it is unnecessary to arrive at a conclusion as to whether the signing of different dates for the same road could in these circumstances be viewed as confusing as the Appeal falls to be allowed for the reasons below.
The Council, and its signage speaks of a "suspension". However in its case summary the Council also states that the actual restriction is a temporary waiting Order , and it is for a breach of this Order that the PCN was issued. The exercise of the power to suspend a designated parking place and the imposition of a temporary waiting order are two different things and should be signed for what they are. More fundamentally, in the case of the latter , the Council is required to provide a copy of a Traffic Management Order ( as opposed, in a suspension case, to evidence of a decision to suspend the bay). In the absence of a TMO, and in view of the persistent references to a suspension, l am unable to be satisfied that the contravention relied on by the Council occurred and the Appeal is therefore allowed. All sums paid must be refunded."
Thanks for everyone's input!
