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Suspended bay in Camden - vehicle towed
camden1212
post Mon, 21 Jan 2019 - 10:12
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Hi everyone, really hoping you can help as it's been a rough start to the week.

Woke up this morning to find my car wasn't where I left it and, after an hour of searching the streets of North London and worrying it was stolen, rang TRACE and discovered it had been towed away due to being parked in a suspended bay.

I went to pick up the vehicle and was hit with a £380 fine. Broken down as: £65 PCN; £200 Removal Fee; £120 Storage Fee.

There has been work going on in the street and signs posted where I normally park. For that reason, I parked further up the road, out of the affected area and away from the notices - or so I thought. I parked there on evening of 15/01/19 and planned to leave the car until this morning (21/01/19) as I have been away and haven't needed it. When I parked the vehicle, I checked to see if there was any signage nearby that indicated there was a restriction in place but there appeared to be nothing. As you can see from the photos, the sign is quite far from where the vehicle was parked and the vehicle is only just in front of the area affected. It now appears that they have put up much more signage around the area relating to a future suspension. What should my next course of action be? Have I got a realistic chance of success on appeal? I'm also unsure when that sign went up, as they have been chopping and changing where the suspensions are quite frequently.

Any wisdom you can share would be very greatly appreciated.

Here are the relevant images:











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post Mon, 21 Jan 2019 - 10:12
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cp8759
post Tue, 19 Feb 2019 - 23:37
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Right, I understand the situation now. Delete image 2, it would just create confusion (it confused me until now). Change the numbering of the remaining images (image 3 will become image 2, image 4 will become image 3) and I think you can send it.


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camden1212
post Wed, 13 Mar 2019 - 21:21
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Hi again,

Thanks for all your help so far. Had a response back from Camden - they've rejected the appeal sad.gif

I've attached what they sent me below. What do you think my next course of action should be?



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cp8759
post Wed, 13 Mar 2019 - 21:29
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Register an appeal with the tribunal and write "detailed grounds to follow" in the reasons box.


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phantomcrusader
post Wed, 13 Mar 2019 - 21:53
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The power to suspend a paid for permit parking bay comes from section 49(4) RTRA 1984

(4)Subject to Parts I to III of Schedule 9 to this Act, the authority by whom a parking place is designated under section 45 of this Act may by order empower the local authority, the chief officer of police or any other person specified by or under the order to provide for the moving, in case of emergency, of vehicles left in the parking place; to suspend the use of the parking place or any part of it on such occasions or in such circumstances as may be determined by or under the order; and to provide for the temporary removal of any parking meters installed at the parking place.

In your appeal it will do no harm to insist that the council provide a copy of the order that determines in accordance with s.49(4) RTRA 1984 that a permit bay can be suspended for tree works.

It will also do no harm to point out to the adjudicator that the rejection letter says a suspension sign was placed, implying only one was placed to cover a bay approximately 100m in length. Point out that google street view from 2018 shows only one suspension sign being placed in similar circumstances and that 1 sign for a 100m bay is not adequate considering the bay has 3 permit holder only signs and the DfT recommend any parking place signage is placed every 30m.

https://www.google.co.uk/maps/@51.5552782,-...6384!8i8192

This post has been edited by phantomcrusader: Wed, 13 Mar 2019 - 22:21
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camden1212
post Thu, 14 Mar 2019 - 10:30
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QUOTE (cp8759 @ Wed, 13 Mar 2019 - 21:29) *
Register an appeal with the tribunal and write "detailed grounds to follow" in the reasons box.


Thanks - What's the thinking behind this rather than pulling together the full grounds first? Is it to see if they react?
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John U.K.
post Thu, 14 Mar 2019 - 10:48
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QUOTE
Thanks - What's the thinking behind this rather than pulling together the full grounds first? Is it to see if they react?


1) To get the appeal registered before the deadline.

2) To have more time to put together the best possible case

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cp8759
post Thu, 14 Mar 2019 - 13:21
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QUOTE (camden1212 @ Thu, 14 Mar 2019 - 10:30) *
QUOTE (cp8759 @ Wed, 13 Mar 2019 - 21:29) *
Register an appeal with the tribunal and write "detailed grounds to follow" in the reasons box.


Thanks - What's the thinking behind this rather than pulling together the full grounds first? Is it to see if they react?

You don't need to do it right now, it just needs to be done before the end of the 28 day appeal period. As it's a towing case I don't see much chance they they won't contest, but you never know.

This post has been edited by cp8759: Thu, 14 Mar 2019 - 13:21


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camden1212
post Mon, 18 Mar 2019 - 07:55
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How would you rate my chances of success at this point?

The appeal portal requires one of these reasons:

A penalty charge notice had not been fixed to the vehicle or handed to the driver before the vehicle was removed
At the time the vehicle was clamped or removed there was no power to do so or the power had not arisen
Statutory Declaration\Witness Statement
The contravention did not occur
The penalty or other charge paid to have the vehicle released exceeded the amount applicable
The vehicle was not parked in a civil enforcement area.
The vehicle was parked by someone in control of it without my consent
There has been a procedural impropriety on the part of the Enforcement Authority

I'm assuming it's the last one that's relevant here?
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hcandersen
post Mon, 18 Mar 2019 - 10:27
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The contravention did not occur......because the suspended area was incorrectly signed, and

The penalty or other charge......, which naturally follows the above because if the PCN was improperly issued then all subsequent charges fall.


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