PCN parking suspension with no notice, PCN parking suspension with no notice Options

[hitme]

Hi Guys,
In a nutshell;
I parked my vehicle at 8:30am on a Thursday where I normally park on a daily basis.
Nothing unusual on the day, definitely no suspension notices around.
when I came back to the car at midday on the same day all cars have been issued with PCN's, and signs went up that the bay had been suspended on the day in question.
All the other driver seemed as dismayed as I was.
I wrote to the council to appeal and they simply fobbed me off.
Is there anything else I could do? like ask for photographic evidence of sign going up?
any guidance would be useful.
Thanks in advance.

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[stamfordman]

Post council pics, your challenge, their rejection, google street view link.

Also any of your relevant pics.

Put pics on https://imgbb.com or such like.

[hitme]

ok thanks,

see below for challenge letter;

From: "TransportforBuckinghamshireParking@nsl.co.uk" <TransportforBuckinghamshireParking@nsl.co.uk
Date: 29 August 2019 at 15:19
To: gmx.de
Subject: E-mail received regarding Penalty Charge Notice UK3354087A

Dear MS S xxxxxxx,

This is an e-mail from Buckinghamshire County Council

Thank you very much for sending an e-mail. Your e-mail is now being processed. An answer will be will be sent to you soon.

Penalty Charge Notice : UK3354087A

This message has been generated automatically. Please do not reply.


-----Your Message-----
To whom it may concern,

I like to appeal my parking fine for the below reason:

The parking suspension signs were not put up at the time I parked my car (in the morning of 29.08.19 -8.30am). The signs are bright yellow and can definitely not be overlooked. All other cars parked there this morning all had a PCN and I spoke to other drivers who were as surprised as me to see a parking suspension sign up on our return. I am therefore not willing to pay for this fine.

My work colleagues have also confirmed that they have seen other parking suspension signs put up in the area last night but could not see any signs in the area where I parked this morning.

Could this please be reviewed. I believe you receive other appeals from the same date and area.

Kind regards,

xxxxxxxxxxx




Google street view link;

https://www.google.co.uk/maps/@51.5724521,-...6384!8i8192



I've attached the PCN and rejection letter on the IMGBB link below;

rejection letter page 1 https://ibb.co/99t3cs1
rejection letter page 2 https://ibb.co/sy1cPJ1
rejection letter page 3 https://ibb.co/HVxY66p
PCN front https://ibb.co/44qWVBF
PCN back https://ibb.co/0njTfCK
PCN detail https://ibb.co/BNFKQyv


Thanks in advance, let me know if you need further information

[Incandescent]

They quite specifically give the date the suspension notices were put up in their letter of rejection. Clearly somebody is lying or at a minimum being economical with the truth. Where were these signs that you saw on return to the car in relation to the parked cars,, nearby and such as to be highly visible ? In you favour is the fact that all the cars there were ticketed. If you are sure of your ground, take them all the way, but you have to be prepared to lose the full PCN penalty if you end up at adjudication.

[cp8759]

Hold on a minute, the car was not parking in a designated parking bay or space, so there was nothing to suspend. On a seemingly unrestricted length of road, the council cannot just "suspend" parking because it has no power to do so, parking can only be suspended if there is a TRO already in force that includes a power to suspend parking.

The council can can of course impose a temporary restriction on a previously unrestricted road by using a Temporary Traffic Regulation Order, but there is no evidence in this case that that has happened, that they have jumped through the necessary legal hoops or that they have erected suitable notices. If a council official has simply stuck up a parking suspension sign on an unrestricted length of road, there is no lawful suspension in place so the alleged contravention did not occur.

Furthermore, to prove that you committed the contravention alleged, the council must first and foremost prove you were parked within a designated "bay or space", but as you're obviously not in a parking bay or space, they fail at the very first hurdle.

On this basis, I would go all the way.

[hitme]

Thanks for the response guys, I've drafted up a response (see below), is this adequate to the point or does it need more information?




******************************************



Hi,

Thank you for your letter dated 09/09/2019.

Please see below points;

1) The PCN states that I was parked in a “suspended parking bay or space”, however, I was parked in an unrestricted length of road.
2) In absence of evidence of any reference on the signage of parking restriction, can you kindly provide copies of the Temporary Traffic Regulation Order in force to suspend parking.
3) Can you provide the number of PCN’s issued on “alleged” parking suspension in question broken down by days.
4) Can you also provide photographic evidence at the time the parking suspension signs were put up by your team.

I look forward to your response.

[Mad Mick V]

The PCN looks water damaged and does not appear to offer the appropriate detail such as the location nor "the time of" etc. In this respect the tear off strip does not count as part of the PCN.
OP-- is this how you found it or did you read it in a downpour?
To me the PCN is invalid because it does not comply with the TMA 2004 etc.
Mick

[hitme]

Hi Mad mick, the PCN was perfectly readable before it lived in my bag for a few days...

[cp8759]

Your challenge does need to be expanded quite a bit but to be honest, there's no point in writing back until you've received the Notice to Owner.