Parked in a suspended bay but no signage visible only yellow cones |
Parked in a suspended bay but no signage visible only yellow cones |
Thu, 20 Sep 2018 - 16:24
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#1
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New Member Group: Members Posts: 4 Joined: 20 Sep 2018 Member No.: 99,976 |
Hi all,
Some assistance is required and would be greatly appreciated. I received a PCN in Glasgow city centre during the recent European Championships. A car pulled out of a parking bay on a street full of cars and I pulled in to park up. There was no visible signage only some yellow cones on the pavement (not on the road). There were however very dated A4 sheets of paper tied to some lamp posts of previous parking restrictions for few months back. I paid £4 for an hour n a half or so of parking and returned to find a PCN for a parking contravention 21 (parking in a suspended bay) I am wondering should I appeal? DO I have any grounds of appeal? Is there any template letter I could use to help with this appeal? please find attached pictures of car, unrelated notice of old parking restriction, pay and display ticket and PCN Thanks |
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Thu, 20 Sep 2018 - 16:24
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Thu, 20 Sep 2018 - 16:49
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#2
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Here https://www.google.co.uk/maps/@55.8610489,-...3312!8i6656
Payment machine and restriction pole seems to be behind you at the end of the grey (Clydesdale Bank) building but is not visible in first photo ? I would have expected to have seen a yellow suspension sign on that one pole so should have been easily visible if you went to payment machine. That photo seems to be the only CEO photo, any others ?? |
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Thu, 20 Sep 2018 - 17:01
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#3
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
As per DD we need some more info/photos.
If the parking space had a prohibition covered by the Notice (i.e. the laminated sheet containing the TTRO) the wrong contravention could be a possible ground. The cones might be a problem if they had the 636 sign incorporated:- http://www.legislation.gov.uk/uksi/2016/362/schedule/13/made But IMO cones have to be placed on the carriageway to have effect. Mick |
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Thu, 20 Sep 2018 - 18:05
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#4
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New Member Group: Members Posts: 4 Joined: 20 Sep 2018 Member No.: 99,976 |
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Thu, 20 Sep 2018 - 20:13
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#5
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Are those CEO photos or your own ??
The last does show the restriction pole and no yellow suspension sign so that is to your advantage. Motorists have a duty to check and obey restriction signs. If one governing the bay has no suspension sign, a motorist is entitled to rely on that. The cones in the first picture (again seems like a CEO pic) do suggest that the cones are closer then suggested. But where are they in the second and who's picture is that ? |
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Fri, 21 Sep 2018 - 10:04
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#6
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New Member Group: Members Posts: 4 Joined: 20 Sep 2018 Member No.: 99,976 |
The first pic is the CEO's. The other 2 are the ones I have taken. The cones have been moved.
So just to clarify, my reason for appeal is that there was no sign displayed? Even though there were cones on the pavement, that doesn't fulfill the requirements for council suspending a bay/bays. Again, your help is greatly appreciated. |
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Fri, 21 Sep 2018 - 11:26
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#7
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
As I understand it:
You parked in what you knew was a parking place. That on its own is sufficient in law to require you to make a reasonable search to find the applicable traffic sign, let alone the second strand of cones. Apparently you didn’t, presuming instead that parking was permitted solely on the basis that another car had been parked there. If you can establish to an adj that on the balance of probabilities there wasn’t a suspension on the closer of the two traffic signs ahead of and behind you, then you might stand a chance. Otherwise.... |
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Sat, 22 Sep 2018 - 00:04
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#8
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Member Group: Members Posts: 516 Joined: 27 Sep 2008 Member No.: 22,840 |
The way I see it is this. Does the parking place fall subject to section 46(2) and “parking meter”?
http://www.legislation.gov.uk/ukpga/1984/27/section/46 I think yes because of (ii). This means this advice applies from the DfT QUOTE 6.30 Where a parking meter is suspended, the sign to diagram 640.1 is used as a temporary cover. This may indicate a prohibition of waiting or a prohibition of both waiting and loading. Where the temporary prohibition applies only during the hours of operation of the parking meters within a meter zone, the legend “during meter control” is added. The words “No waiting” or “No unloading” are not prescribed and must not be used. What hours did the temporary suspension apply? |
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Thu, 27 Sep 2018 - 19:04
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#9
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New Member Group: Members Posts: 4 Joined: 20 Sep 2018 Member No.: 99,976 |
There were no visible signage for any temporary suspension. Only yellow cones on the pavement sporadically placed.
The ticket machine was working and not closed off and there were no signs on that either alluding to a suspension. |
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