Code 21 - suspended bay (Merton), Contravention code 21: Parked wholly or partly in a suspended bay Options

[CCactus]

Hello,

On Friday 21 February 2020, I parked in a designated bay on Church Rd SW19.

I paid for parking via the RingGo App:
https://imgur.com/4MxQrvL

I returned to the car before the parking session had expired, to find I had received a PCN for parking in a suspended bay:
https://imgur.com/8VkK3Mb

https://imgur.com/GQBZuAD

https://imgur.com/1Dw2mAM

https://imgur.com/m4vw9P5

https://imgur.com/qBePnSJ

https://imgur.com/0EPDSaW

https://imgur.com/mlKcHyW

I did not realise I had parked in a suspended bay. The notice was attached to a traffic cone, which was not next to the suspended bay at the time I parked the car. It is not clear from the photographic evidence provided by the Council - the yellow sign can only be seen via its reflection on the car window... - however, the traffic cone used as support for the traffic suspension notice had been placed next to the bay by the time I returned to the car (possibly by the enforcement officer to enable him to issue a PCN...?).

The suspension shows start and end dates (18.02.20 to 21.02.20), but does not mention times.

There was no evidence of works being carried out at the time. So, without a suspension notice clearly displayed, it was not possible to guess that the bay may have been suspended. Being the last day of the suspension, the planned works were presumably complete and the contractor(s) had already left so the suspension was no longer necessary.

At the time of parking, all the designated bays were occupied by other cars, so there was no indication that parking in those bays might have been suspended.

The notice does not say whether or not the dates stated are included in the suspension or not.

I had parked 'in good faith' and paid for the parking, the parking receipt shows that the notice was issued before the expiry of the RingGo session.

The photographs provided by the Council do not show the door numbers on the street so the exact location is difficult to determine (in relation to the door numbers on the suspension notice).

So,
# Is the suspension notice valid (only indicates dates, no start and end times for the suspension)?

# Is it acceptable to display the suspension notice on a traffic cone that can be easily moved by anyone?

# Is the photographic evidence provided by the Council valid / sufficient to justify the issue of the PCN?

# What should I do?

Any help will be greatly appreciated. Thank you for taking the time to read the post.

RS

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[CCactus]

I suspect PMB will pick this one up but if not, bump the thread in a week or so.

Yes but I have quite a few on ATM so the next week I will be busy after that I will draft something for you

Thank you, much appreciated. Let me know if there anything I can do to help in the meantime.
Cheers
R

[PASTMYBEST]

Bump to remind myself

[CCactus]

Bump to remind myself

Thank you.

The Notice to Owner is dated 21 May 2020, so the 28-day period to respond ends this Thursday 18 June if my maths is correct?
I hope I can submit the appeal online and I don't need to print / post anything...?

R

[PASTMYBEST]

Bump to remind myself

Thank you.

The Notice to Owner is dated 21 May 2020, so the 28-day period to respond ends this Thursday 18 June if my maths is correct?
I hope I can submit the appeal online and I don't need to print / post anything...?

R

no its date of service which is 2 working days after the date of notice so the 22nd of June i will draft this afternoon

[PASTMYBEST]

Fill in the bits in red then change to black act on then delete the bit in blue convert to PDF then its good to go

https://1drv.ms/w/s!AtBHPhdJdppVzTAXMN0...pPfl3t?e=hoXXnq

[CCactus]

Fill in the bits in red then change to black act on then delete the bit in blue convert to PDF then its good to go

https://1drv.ms/w/s!AtBHPhdJdppVzTAXMN0...pPfl3t?e=hoXXnq

Thank you, much appreciated.

I don't understand the first sentence of the last paragraph:
"To do otherwise would be a frivolous and tot use of both the public's and my money."

Is there a typo?

[stamfordman]

Think it should read 'not a good use of'

[PASTMYBEST]

Fill in the bits in red then change to black act on then delete the bit in blue convert to PDF then its good to go

https://1drv.ms/w/s!AtBHPhdJdppVzTAXMN0...pPfl3t?e=hoXXnq

Thank you, much appreciated.

I don't understand the first sentence of the last paragraph:
"To do otherwise would be a frivolous and tot use of both the public's and my money."

Is there a typo?

Yes, thinking of one thing and typing another delete (and tot)

[CCactus]

Think it should read 'not a good use of'

Thanks, yes that makes sense, I should have guessed sorry!

Fill in the bits in red then change to black act on then delete the bit in blue convert to PDF then its good to go

https://1drv.ms/w/s!AtBHPhdJdppVzTAXMN0...pPfl3t?e=hoXXnq

Thank you, much appreciated.

I don't understand the first sentence of the last paragraph:
"To do otherwise would be a frivolous and tot use of both the public's and my money."

Is there a typo?

Yes, thinking of one thing and typing another delete (and tot)

Ok, thanks. Here is the full text after correction (without the pictures) for final review before submission.

The contravention did not occur

I parked my car in the last of 4 bays outside number 15 Church Road. I walked to the sign for that bay, saw that payment could be made via Ringo and proceeded to do so. There was not a suspended bay sign on the post advising of parking restrictions and payment methods.

Upon return to my car I noticed a PCN, this had been issued for parking in a suspended bay. As there was not a sign in place I was confused so undertook a little research.

Not there at the time of parking, upon return there was a traffic cone bearing a suspension sign.

Details in this photo:


I checked where I had parked and the location of the parking bay sign. The parking bay sign is located outside of the premises of John D Wood & Co at no 5 Church Road.


I had parked in the end bay in front of the property formerly Tinc number 15.


This Google Street View shows the layout:


The bay in which I parked has 4 bays, the last of these and the one I had parked in being outside number 15. There is then a short Double Yellow Line and a new bay being governed by another sign and totally independent of the bay I parked in.

That bay starts outside Jackson-Stops number 17 to 21 and ends outside number 25.


I was not parked within the area restricted by the suspension sign, so no contravention occurred.


Even if it is argued I was parked in the suspended area the sign fails s18(1) of the Local authorities traffic orders (procedures) (E&W) regulations 1996.

A movable sign runs the risk of, just that being moved, be it by someone acting mischievously as a joke, someone acting maliciously or even sadly perhaps a CEO putting it where he felt was the correct place. To be effective a suspension sign should be placed on every parking sign within a bay (in this case there is only one). If it was placed there it could not readily be said to be missed.


In summary, I was not parked within the restricted area, and the suspension sign was not adequate to convey the restriction for either reason the statutory ground is made out and this PCN and NTO must be cancelled.

To do otherwise would be frivolous and not a good use of both the public's and my money. In light of the evidence it would also be wholly unreasonable bordering on the vexatious to force this to adjudication where I will surely apply to the tribunal to award my costs.

[cp8759]

From a quick read that looks good.

[PASTMYBEST]

From a quick read that looks good.

fine but the pictures are crucial to the context, Have you been able to amend the draft I did for you, if not PM me an e mail address and i will send it via e mail in word

[CCactus]

From a quick read that looks good.

fine but the pictures are crucial to the context, Have you been able to amend the draft I did for you, if not PM me an e mail address and i will send it via e mail in word

Yes, I was able to edit the draft. I have submitted the Representations (with pictures) together with the Letter of Authority to Merton Council; I will keep you updated as soon as I receive a response.
Thanks again for your help.
R

[CCactus]

https://imgur.com/A1ViMjr

The PCN has (finally!) been cancelled by Merton Council.

A big thank you to everyone who has contributed and helped. A special thank you to PMB for responding to all my queries and drafting the formal appeal. It is much appreciated.

All the best & take care.

R

[cp8759]

I would make a complaint against the CEO. The best possible view is that he negligently issued a PCN without properly checking that the location of your car was in fact suspended, so he didn't bother reading the sign, or he didn't bother looking at the street numbers, or both.