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Parking in a suspended bay
Geroge1234
post Wed, 16 May 2018 - 14:22
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Yesterday I came back home from a 12-day holiday, to find that my car has been moved from where I parked it in the street in front of my house to about 30 meters down the road.
It had a PCN attached to its window with the following offence:

"21s: Parked wholly or partially in a suspended bay or space - shared use bay"

I left for the holiday early morning on a Friday, and the PCN was given around noon of the following Wednesday.

Obviously, I didn't notice any parking suspension signs before going on holiday.

On my bureau's website, I can see photos of my car taken by the CEO, clearly showing it parked where I left it, in front of my house.
What these photos don't show is the parking suspension signs. Today, these signs are of course gone, as they're no longer needed.

My question is - should I fight it? And if so, how?

Can I claim that I was away on holiday, and had no idea that a parking suspension had been issued?
Should I claim that there's no proof that parking suspension signs have been posted?
Should I go some other route?

Thanks,
George
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post Wed, 16 May 2018 - 14:22
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cp8759
post Wed, 16 May 2018 - 14:35
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Upload the PCN and the council's photos.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Geroge1234
post Wed, 16 May 2018 - 14:56
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I've created an album with the requested photos:

https://www.amazon.co.uk/photos/share/K3yZX...4CP2R67wH7iI6Mu

Apologies for the PCN's condition - it was left out in the sun and the rain for about a week. It took me some time to understand what was written in it.
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cp8759
post Wed, 16 May 2018 - 15:04
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We need to see the council's photos, as they will presumably include a photo of the sign.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Geroge1234
post Wed, 16 May 2018 - 15:17
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*** Edit ***
Sorry, meant to emphasise, not shout.
***

These are the council's photos. All 9 of them.

This post has been edited by Geroge1234: Wed, 16 May 2018 - 15:33
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cp8759
post Wed, 16 May 2018 - 15:19
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QUOTE (Geroge1234 @ Wed, 16 May 2018 - 16:17) *
These ARE the council's photos. All 9 of them.

If this is true then it's an open and shut case: There is no evidence of any suspension sign, therefore the contravention did not occur.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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stamfordman
post Wed, 16 May 2018 - 15:23
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Why have you blanked the council and the location?

There's no pic of the suspension sign - do you know where it was?

QUOTE (Geroge1234 @ Wed, 16 May 2018 - 15:56) *
Apologies for the PCN's condition - it was left out in the sun and the rain for about a week. It took me some time to understand what was written in it.



If there is statutory info not readable that's grounds for cancellation.
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Geroge1234
post Wed, 16 May 2018 - 15:32
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QUOTE (stamfordman @ Wed, 16 May 2018 - 16:23) *
Why have you blanked the council and the location?

Defensive posting, I guess. Trying to publicly post as little information as possible. Does it matter?

QUOTE (stamfordman @ Wed, 16 May 2018 - 16:23) *
There's no pic of the suspension sign - do you know where it was?


I have no idea where would the suspension sign be. It's usually around one of the trees on the street. As mentions, I didn't notice one before leaving, and can't see one on any of the council's photos.

QUOTE (stamfordman @ Wed, 16 May 2018 - 16:23) *
QUOTE (Geroge1234 @ Wed, 16 May 2018 - 15:56) *
Apologies for the PCN's condition - it was left out in the sun and the rain for about a week. It took me some time to understand what was written in it.

If there is statutory info not readable that's grounds for cancellation.


The PCN is still readable. I'd rather not go down that route if not required.
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cp8759
post Wed, 16 May 2018 - 15:42
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QUOTE (Geroge1234 @ Wed, 16 May 2018 - 16:32) *
The PCN is still readable. I'd rather not go down that route if not required.

You can submit multiple grounds of challenge, and you have nothing to lose in contesting the validity of the PCN.

But the key issue here has to be that the council's own evidence does not prove a contravention occurred, at this stage I would submit an informal challenge simply stating that you were abroad, had received no prior notice of the suspension, and the council's photos don't prove a contravention occurred because there is no photo of any suspension sign.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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stamfordman
post Wed, 16 May 2018 - 15:53
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We can help more with a Google Street View of the location and the council name. The position of the sign is crucial as is when it went up. We also know a lot about the policies of various councils. That they relocated the car rather than taking it to the pound is encouraging.
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Geroge1234
post Wed, 16 May 2018 - 15:54
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QUOTE (cp8759 @ Wed, 16 May 2018 - 16:42) *
[...] at this stage I would submit an informal challenge simply stating that you were abroad, had received no prior notice of the suspension, and the council's photos don't prove a contravention occurred because there is no photo of any suspension sign.


Thanks. I did just that.
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Geroge1234
post Fri, 18 May 2018 - 11:40
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Just wanted to update that my challenge has been accepted.

Thanks for your help, guys!
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cp8759
post Fri, 18 May 2018 - 12:37
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QUOTE (Geroge1234 @ Fri, 18 May 2018 - 12:40) *
Just wanted to update that my challenge has been accepted.

Thanks for your help, guys!

Well that was easy :-)


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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