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PCN for parking in a suspended bay or space
Jebus
post Sat, 19 Oct 2019 - 17:06
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I received a PCN for parking in a suspended bay. I didn't actually know it was suspended as I drove into it from the 'wrong' side of the road. By the look of the images on the TFL website, there is sign on a post next to the car, however I can't tell what it says. From what i've read, it's down to TFL or whoever to make sure that the sign can easily be seen, however it was only displayed on one side and I had no idea it was even there. Do I have a case?
And just to add, the date on the pic is 13/9/19, and the date on the notice is 18/10/19 if that makes any difference.

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This post has been edited by Jebus: Sat, 19 Oct 2019 - 17:10
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post Sat, 19 Oct 2019 - 17:06
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Jebus
post Thu, 24 Oct 2019 - 16:59
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Thanks!
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Jebus
post Sat, 16 Nov 2019 - 14:10
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I've finally got the video. These are the best shots of the signage... not very clear.

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cp8759
post Sat, 16 Nov 2019 - 19:41
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Draft reps, keep the italics formatting exactly as I've used it below:

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Dear Transport for London,

I contest liability on the basis that the alleged contravention did not occur. My vehicle was stationary in a red route bay where stopping is allowed for 1 hour between 10 am and 7 pm Monday to Saturday, and all day on Sunday; the time of the alleged contravention is 3:50 pm on a Friday.

TFL alleged that the parking bay in question was suspended, however two issues arise:

Firstly, there is no parking suspension sign in the Traffic Signs Regulations and General Directions 2016, indeed the regulations contain nothing at all that resembles a parking suspension sign. Most London authorities have sought authorisation special from the Secretary of State for a parking suspension sign but for some strange reason TFL has chosen not to do so. The doctrine of substantial compliance cannot save TFL's position because there is nothing for the sign to be compliant with.

Secondly, there is no evidence at all that the suspension was in effect. TFL's attention is drawn to the decision in Alastair Falk v London Borough of Barnet (2160371376, 30 September 2016) where the tribunal ruled as follows:

The photographs in this case are of such poor quality that it is impossible to be satisfied as to the wording of the sign, that it complied with Secretary of State’s authorisation, and that the vehicle was in such a position as to be in breach of its terms. In any event I find the Appellant’s evidence that the works in question had been completed to be persuasive, and it is therefore probable that the presence of the sign was in breach of the requirement in Part 2 Para 6(2) Traffic Signs Regulations and General Directions 2016 that temporary signs should not remain in place for longer than is needed. As I am unable to be satisfied the prohibition relied on was correctly and clearly indicated the Appeal must be allowed.

The same issue arises here: Even if TFL's sign were authorised (which it is not), there is no evidence of what the terms of the signposted suspension actually were at the time of the alleged contravention. As such, there is no evidence my vehicle was stopped in breach of any such suspension. For all I (or the tribunal) could determine from the images provided, the sign might well have indicated that parking at the material time was permitted. It follows that the alleged contravention did not occur and the PCN must be cancelled.


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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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