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Messages - Zedbee

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Hi I would like to thank you for the below.  Manchester Council dropped it at Adjudication and so I got my email today that its not contested and has been dropped.  So massive thanks


I saw the road marking 'Disabled' and parked as seen in the CEO's photos. I displayed my BB and clock and left. I did not look at the traffic sign because my stay was going to be short enough to fall within any BB restriction. I returned to find the PCN. I then looked at the traffic sign post and saw the suspension notice. This stated that the 3 bays which comprised this parking place were suspended from ** to 28 Feb. due to 'works'.

The CEO's photos show that the area was absolutely clear of any works or associated paraphernalia, including the road surface having been made safe for vehicles to park, and that the purpose of the suspension had clearly ceased. This is hardly surprising given the extended period of the suspension (over 4 months) i.e. whoever was undertaking the works would have given themselves a safety buffer of time when applying for the suspension.

I suggest that this is a case of left and right hands within the council not co-ordinating their activities i.e. whoever authorised this suspension had lost sight of the council's obligation to maximise the availability of these disabled spaces and had not checked whether the legal (Traffic Regulation Order) basis under which the council was permitted to suspend the space by the simple **** of signs existed on 25 Feb.(simply paying the fee does not satisfy the council's policy criterion of need) and the CEO simply applied a date perspective.

In summary, the only power under which a parking place may be suspended by officers derives from the TRO which requires that specified conditions must  be met before a bay may be suspended. The concomitant of this is that when this condition ceases to apply then the suspension has no legal effect. The **** of signs is simply a subsequent requirement and of itself is not evidence that a lawful suspension is in place.

I submit that the contravention did not occur and that the PCN must therefore be cancelled.


Is my take.

Edit- by way of example, see paras. 28 and 30 of one of MCC's TROs: https://tro.trafficpenaltytribunal.gov.uk/TRO/Manchester/MC232.pdf

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hi sorry here is their reply

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as expected they have refused a my representation, I assume i wait for notice to keeper and then appeal again and take it adjudicator.  what do you guys think the prospect of me succeeding is?

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hi heres my first draft

I would like to appeal this ticket on the following basis:
The suspension sign was far away from the bay I was parked in, hence why there is no picture by the CEO of my car in relation to the suspension sign
There were zero signs of any works being done – no works vehicles, no workers, no skips – this is supported by the pictures taken by the CEO which show no such activity
There was no indication on the road that the bay was suspended – no cones, no markings
because disabled bays are in short supply, it was reasonable to conclude that they had been brought back into use hence no cones, they were due to end on 28th Feb 2025 and my ticket was issued on 25th February 2025 and works had apprently concluded.

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Hi thanks for your reply.

no works that we could see

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Hi thanks for your comments

in honesty i didnt look for a sign and was guided by whats painted on the ground (should they have given a better indication that they were suspended?)

i would guess the majority of people would go by whats on the ground could they have taped over the disabled words or should they have suspended signs next to each bay which I would have seen on exiting the vehicle.

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Hi yes the location is correct in your link and chijiiki has provided the deets.  thanks

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Hi all I got a pcn a couple of days ago and could do with some help to work out why I got a pcn.  It was for 21 parking in a suspended bay or space.

I parked in a disabled bay displayed the blue badge set the time and went off with the mrs for approx 90 mins. Got the ticket but can't work out why.  I saw nothing to indicate the bay was suspended (I'm not local) but took a picture of the car/bay. Forgot to take a picture of the disabled parking sign. Would be helpful to know what I should write in the appeal.

Thanks

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