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Parked in a suspended bay but no signage visible only yellow cones
The Force
post Thu, 20 Sep 2018 - 16:24
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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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post Thu, 20 Sep 2018 - 16:24
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DancingDad
post Thu, 20 Sep 2018 - 16:49
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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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Mad Mick V
post Thu, 20 Sep 2018 - 17:01
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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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The Force
post Thu, 20 Sep 2018 - 18:05
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Thanks for your responses.

Please find more pictures attached.

There were no yellow signs visible even on, or near the payment machine.

The only cones on the road were around a container further down the street.
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DancingDad
post Thu, 20 Sep 2018 - 20:13
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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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The Force
post Fri, 21 Sep 2018 - 10:04
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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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hcandersen
post Fri, 21 Sep 2018 - 11:26
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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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phantomcrusader
post Sat, 22 Sep 2018 - 00:04
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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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The Force
post Thu, 27 Sep 2018 - 19:04
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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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