PCN Issued for parking in Suspended Bay with no signage |
PCN Issued for parking in Suspended Bay with no signage |
Wed, 11 Jul 2018 - 23:00
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#1
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New Member Group: Members Posts: 4 Joined: 11 Jul 2018 Member No.: 98,832 |
Firstly, I'd like to apologise if this issue has been discussed before but having searched for a reasonable time I could only find cases similar, such as signs being present at the time the PCN was issued but not the day before, etc.
Received a PCN today at 17:37 for parking in a suspended bay and think the circumstances make the ticket unfair, to say the least. There were "At Any Time" cones along the high street in Ashby today but there was a large gap in the cones outside the chippy which was convenient as this is exactly where I needed to stop. I pulled up, checked around for signs and there were two visible: both fixed permanent and stating "Monday-Saturday. 8am-6pm. 1 hour. No Return within one hour", one to the front and one to the rear of the vehicle. There were no conflicting notices to suggest these signs were no longer appropriate. There were no cones between the two of these signs and there was also a sign in the chip shop window stating "Parking for Customers Only". Each of these factors leading me to believe that perhaps the shop had contested the suspension along the rest of the street and it did therefore not apply to this section of the road. Got my Son out the car and went into the shop and ordered our food. As it was cooking, I saw a CEO approach my vehicle and begin making observations. I went out of the shop and he asked if the vehicle was mine, to which I admitted it was. He informed me I couldn't park there so I explained that I was only waiting on my food order and the only signs present indicated that I could indeed park there. He said he'd call his supervisor and if the food was done before his supervisor got there, I could leave penalty free. The supervisor arrived and immediately said you cant park here today all the bays are suspended. I asked him where the signs were to explain this and his reply was, and I quote, "We don't need to put signs up for a tempory parking bay suspension". Surely this can not be correct?? He then told the original CEO to "Crack on and slap a ticket on him" and moved one of the "at any time cones that was at least three meters away to less than a meter away! The ticket is only £35 if paid within the 14 days but it's the damn principle of the matter and to add insult to injury, as I took photos of the signage either side of the vehicle, I told my 5-year-old son to wait on the pavement at the front of the car and the supervisor must have said something quite upsetting to him as he was extremely distressed and upset to the point of tears when we got back into the car - Would it also be reasonable to ask the council to make this supervisor personally apologise for the upset he caused, especially if it is the case that this PCN has been issued incorrectly? Many thanks to everyone who contributes to this thread. No Cone present in front of the vehicle: Cone manoeuvred in front of the vehicle |
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Fri, 20 Jul 2018 - 21:18
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#2
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Member Group: Members Posts: 35,065 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Straight bat.
Simple facts. Don’t go off asking the world and his wife for info. State the facts. I parked at the location which is a marked parking place subject to a restriction of 1 hour’s free parking between the hours of 8am and 6pm Mon-Sat. The alleged contravention is for parking in a restricted street at 5.37pm on Wed 11 July. This is obviously inconsistent with the prevailing marked and signed restriction and therefore unless the authority can prove that this restriction was disapplied at that time and that a waiting restriction was in place then the contravention did not occur and the PCN must be cancelled. This burden lies with the authority. At the time, I noticed some yellow cones in the vicinity of the location, however, on their own and unless placed by the police they have no effect unless there is an underlying temporary traffic order. Consequently, if the authority assert that the parking place restriction had been suspended and replaced by one which restricted waiting then they must as a minimum: Provide copies of the order; and State where and when the mandatory notices were placed pursuant to the Temporary Traffic Orders Procedure Regs. |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 12:57 |