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Parking bay suspended while car left in it, Code 21 - Ealing
TigerRob
post Tue, 30 Oct 2018 - 00:47
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My friend just made this plea to me:
QUOTE
Parking fine! Advise pls. My car was parked on a side road within my usual CPZ zone, which I am paying my annual fee for. At the time I parked my car there, no signs were up. This morning there were signs saying, no parking today (reserved for film crew) . Not doubting they were up for a few days.
Where my car is parked is not my usual way to pass by on a daily basis. Is it my responsibility to check for random parking restriction signs popping up? I am not using my car on a daily basis.
Not happy to pay this fee. Any chance to appeal?

Car was left at at about 12:30pm on Sunday 21st October (after her son's football match)
Ticket was issued at 8:23am on Wednesday 24th October
Ticket was discovered (and the car moved) sometime on Wednesday morning (I've asked for clarification, but before 1pm)




CEO Photos:



GSV: https://goo.gl/maps/XM2ycR2XFgC2

Any suggestions for any angles of attack here? I'm assuming an informal challenge is a no-brainer as we're still in the discount period, but what to say?

Assuming the suspension signs went up sometime on Sunday afternoon, then is less than 3 full days notice reasonable?

I'm thinking my friend assumed the suspension was for filming due to the film truck that can be seen behind her - but the suspension sign snapped by the CEO say for Gas works - but no works were being undertaken at this time, although I doubt that matters.

I'm struggling to match the head on CEO photos with an exact location from streetview, but if "OPP 21" from the ticket is accurate, then close to the end of the railings - which probably puts her band-to-rights. I've asked my friend if she can be more precise about where she was parked.

I'm also struggling to work out exactly what part of the bay is suspended from the description "6x bays between Haverington Prep School and O/S #16". As if I see that correctly then the distance from the end of the bay O/S 16 (near Dursden House School) to one edge of Haveverington Prep School is probably only 3 spaces (up to the red car), and to the other edge is probably 7-8 spaces. However, if she's parked near the end of the railings then that's probably within 6 spaces of the end of the bay.

Interestingly, however you measure it the film van is probably not in the suspended part of the bay - although I see a suspension sign next to the van in the CEO photo. Maybe that is a separate suspension? It certainly looks like the close up photo the CEO has provided of the sign is a different one, as it is appears much closer to the vehicle that can be seen in shot. Also there's no railings and the sign is on a black pole. I think that is a pole (and not a lamp post) and so is likely the pole in front of the red car in GSV.

Comments/suggestions on how I should advise my friend to proceed?

Thanks,
Rob.
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post Tue, 30 Oct 2018 - 00:47
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TigerRob
post Sun, 30 Dec 2018 - 17:23
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So, formal reps submitted. Now we wait and see.






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TigerRob
post Thu, 7 Feb 2019 - 12:51
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No new activity to report.

Can someone confirm that for a PCN like this (reg 9 , issued by affixing to windscreen) the council have 56 days to respond to formal reps?

For the record:
Formal reps sent by online form and considered served: 30 Dec 2018 - day 1
Today: 7th Feb 2019 - day 40
Last day for council to respond in time: 23rd Feb - day 56
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stamfordman
post Thu, 7 Feb 2019 - 13:07
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QUOTE (TigerRob @ Thu, 7 Feb 2019 - 12:51) *
Can someone confirm that for a PCN like this (reg 9 , issued by affixing to windscreen) the council have 56 days to respond to formal reps?

For the record:
Formal reps sent by online form and considered served: 30 Dec 2018 - day 1
Today: 7th Feb 2019 - day 40
Last day for council to respond in time: 23rd Feb - day 56


Yes. See

https://www.londontribunals.gov.uk/eat/unde...rcement-process
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TigerRob
post Thu, 7 Feb 2019 - 14:23
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QUOTE (stamfordman @ Thu, 7 Feb 2019 - 13:07) *
QUOTE (TigerRob @ Thu, 7 Feb 2019 - 12:51) *
Can someone confirm that for a PCN like this (reg 9 , issued by affixing to windscreen) the council have 56 days to respond to formal reps?

Yes. See
https://www.londontribunals.gov.uk/eat/unde...rcement-process

Thank you. So we continue to wait and see whether we get a NoR, a NoA or if we time out.
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stamfordman
post Thu, 7 Feb 2019 - 14:30
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Well I'm afraid one thing we see a lot if that you'll get a charge certificate and authority saying they sent a rejection. But that's easily if inconveniently reset.
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TigerRob
post Thu, 7 Feb 2019 - 14:48
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QUOTE (stamfordman @ Thu, 7 Feb 2019 - 14:30) *
Well I'm afraid one thing we see a lot if that you'll get a charge certificate and authority saying they sent a rejection. But that's easily if inconveniently reset.

I'm keeping an eye on the online status. Still showing as "on hold" as it has since we submitted formal reps on 30th December. I'm not worried about that outcome (yet).


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TigerRob
post Tue, 12 Feb 2019 - 12:12
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Today, checking the status gives this:



which makes me hopeful that it's been cancelled. Will update once we see official notification.
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TigerRob
post Wed, 13 Feb 2019 - 12:38
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Confirmed that this PCN was cancelled. Huge thanks to everyone for their time.

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hcandersen
post Wed, 13 Feb 2019 - 13:39
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