PCN Code 21, Ambiguous sign case |
PCN Code 21, Ambiguous sign case |
Sat, 8 Aug 2020 - 19:58
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#1
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New Member Group: Members Posts: 1 Joined: 8 Aug 2020 Member No.: 109,366 |
Got a PCN today (8th August). Parked on parking suspension bay. I clearly noticed the sign and I read it extensively and got second opinion from my wife before I paid the parking bay fee online and walked away. We both interpreted as applicable to the 3rd of August only and the bay does not apply to me because there were no 'car club bay' nearby which boosted my confidence that it did not apply.
Photo of sign, taken by enforcement officer: I'm still not sure if the enforcement officer got it wrong or I interpreted wrong. When I came home only in retrospect I found out that where the car club bay where on Google street view: However as you can just about see in the 3rd picture with my car the 'car club bay' was boarded up so there was no way I would have known the car club bay was in front of my car. Not sure if I can appeal and on what basis? Opinions appreciated. |
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Sat, 8 Aug 2020 - 19:58
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Sat, 8 Aug 2020 - 20:32
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#2
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Well you are fair and square outside 39 but not adjacent to the car club bays
https://www.google.co.uk/maps/@51.5122411,-...6384!8i8192 And the suspension can only be in place for 6 months as per the authorisation for the sign http://assets.dft.gov.uk/trafficauths/case-3897.pdf and it is doubtful that the reason for suspension is authorised by the TMO but you would need to ask for that -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sat, 8 Aug 2020 - 21:01
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#3
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Member Group: Members Posts: 35,051 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
We both interpreted as applicable to the 3rd of August only and the bay does not apply to me because there were no 'car club bay' nearby which boosted my confidence that it did not apply. 1. 3 August? The sign says 'From 3 July 0000-23.59'; 2. And if you weren't in the suspended area then the date is not relevant, surely! I would not risk this at adjudication - although we've yet to see and assess the PCN - because you were parked in one of the two pay to park bays o/s 39. Yes, 'adjacent to car club bays' is ambiguous, but nonetheless you were o/s 39. |
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Sun, 9 Aug 2020 - 06:23
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#4
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Art 30 here deals with suspensions---they might get away with social distancing:-
http://westminstertransportationservices.c...mN1Y0dSbQ%3D%3D Mick |
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Sun, 9 Aug 2020 - 07:43
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#5
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Art 30 here deals with suspensions---they might get away with social distancing:- http://westminstertransportationservices.c...mN1Y0dSbQ%3D%3D Mick Looks like, and they look to have the time locked up as well, this one seems like a pay the discount -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Thu, 13 Aug 2020 - 11:34
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Art 30 here deals with suspensions---they might get away with social distancing:- http://westminstertransportationservices.c...mN1Y0dSbQ%3D%3D Mick I'm not so sure of that, the only powers the council has seem to be: a) Traffic flow or safety b) building or utility works c) house moves & similar d) special attractions that may block the road e) weddings, funerals & other special occasions. Unless a pandemic counts as a special occasion? -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 13 Aug 2020 - 11:38
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#7
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Does a suspension have to have an end date?
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Thu, 13 Aug 2020 - 13:02
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#8
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Art 30 here deals with suspensions---they might get away with social distancing:- http://westminstertransportationservices.c...mN1Y0dSbQ%3D%3D Mick I'm not so sure of that, the only powers the council has seem to be: a) Traffic flow or safety b) building or utility works c) house moves & similar d) special attractions that may block the road e) weddings, funerals & other special occasions. Unless a pandemic counts as a special occasion? "for the purpose of facilitating the movement of traffic or promoting its safety" Doesn't have to be road traffic, could be foot traffic. I would imagine adjudicators would tend to side with the Council in these unusual days. Mick |
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Thu, 13 Aug 2020 - 13:52
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#9
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Art 30 here deals with suspensions---they might get away with social distancing:- http://westminstertransportationservices.c...mN1Y0dSbQ%3D%3D Mick I'm not so sure of that, the only powers the council has seem to be: a) Traffic flow or safety b) building or utility works c) house moves & similar d) special attractions that may block the road e) weddings, funerals & other special occasions. Unless a pandemic counts as a special occasion? +1 The suspension does not have to have a n end date but as the sign may only be displayed for six months that is the extent of the suspension "for the purpose of facilitating the movement of traffic or promoting its safety" Doesn't have to be road traffic, could be foot traffic. I would imagine adjudicators would tend to side with the Council in these unusual days. Mick -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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