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Civil penalty charge notices (Councils, TFL and so on) / Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« on: April 18, 2026, 10:49:42 am »
Hi,
I now have my notice to owner.
https://imgpile.com/p/IltHGx1#b5Kr00O
https://imgpile.com/p/IltHGx1#TfTasx2
I am going to appeal this. How does this sound? Is it too much information at this stage? Thanks
FORMAL REPRESENTATIONS
PCN: BY28005604
Vehicle: GD15FDK
Ground 1: The alleged contravention did not occur
The vehicle was parked in a bay suspended for utility works between 19 January 2026 and 21 January 2026.
However, the works were completed on 20 January 2026. By the morning of 21 January 2026, when the PCN was issued, the bay was clear, unobstructed, and fully usable. There were no works, equipment, barriers, or operatives present at the location.
The council’s own roadworks information for that date shows no active works on Wendover Road. Furthermore, the Civil Enforcement Officer’s photographs show no indication of any ongoing works or any reason for the bay to remain suspended.
While a suspension sign may have remained in place, a suspension can only be enforced for so long as it is necessary for the stated purpose. Once the purpose has ceased, continued enforcement is not justified.
As the purpose of the suspension had clearly ended prior to the PCN being issued, the restriction was no longer operative in substance. Accordingly, the alleged contravention did not occur.
Ground 2: Procedural impropriety
In my informal challenge, I did not argue that I was unaware of the restriction. My representations clearly stated that the suspension had ceased to be necessary because the works had been completed.
However, the Notice of Rejection states:
“Your correspondence indicates that you were not aware of the restriction…”
This misrepresents the substance of my representations and fails to address the actual grounds raised.
The council has therefore failed to properly consider my representations, as required under the Traffic Management Act 2004.
I now have my notice to owner.
https://imgpile.com/p/IltHGx1#b5Kr00O
https://imgpile.com/p/IltHGx1#TfTasx2
I am going to appeal this. How does this sound? Is it too much information at this stage? Thanks
FORMAL REPRESENTATIONS
PCN: BY28005604
Vehicle: GD15FDK
Ground 1: The alleged contravention did not occur
The vehicle was parked in a bay suspended for utility works between 19 January 2026 and 21 January 2026.
However, the works were completed on 20 January 2026. By the morning of 21 January 2026, when the PCN was issued, the bay was clear, unobstructed, and fully usable. There were no works, equipment, barriers, or operatives present at the location.
The council’s own roadworks information for that date shows no active works on Wendover Road. Furthermore, the Civil Enforcement Officer’s photographs show no indication of any ongoing works or any reason for the bay to remain suspended.
While a suspension sign may have remained in place, a suspension can only be enforced for so long as it is necessary for the stated purpose. Once the purpose has ceased, continued enforcement is not justified.
As the purpose of the suspension had clearly ended prior to the PCN being issued, the restriction was no longer operative in substance. Accordingly, the alleged contravention did not occur.
Ground 2: Procedural impropriety
In my informal challenge, I did not argue that I was unaware of the restriction. My representations clearly stated that the suspension had ceased to be necessary because the works had been completed.
However, the Notice of Rejection states:
“Your correspondence indicates that you were not aware of the restriction…”
This misrepresents the substance of my representations and fails to address the actual grounds raised.
The council has therefore failed to properly consider my representations, as required under the Traffic Management Act 2004.