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PCN for parking in suspended bay, Not visible suspended bay notice board
Peonia131
post Tue, 7 Apr 2020 - 12:59
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Hi,
I have received PCN for parking in the suspended bay where the only suspension board was not visible.
I have parked my car with visitors voucher displayed on 28/01/02 at 1am, middle of the night, in the small side street, which had a sign at the entrance about road closure from 27/01/20 to 30/01/20, but noting mentioned about suspension. The parking bay is approximately 25 meters long and can fit about 7 to 8 cars depending on the size. It has 2 two resident permit holders’ signs at each end. Suspension board was placed only on one sign post further down the street and at the time obstructed by the large construction vehicle. There were lots of cars parked in that street at the time.

My first appeal has been rejected and I have also received the Notice To Owner(NTO) and as I am very angry with the poor signage, I want to go for the appeal process (if I had known about suspension I would have parked somewhere else).

I have found this piece of legislation under Sections 64 and 65 of the Road Traffic Regulation Act 1984, and of all other powers enabling him in that behalf, for the purpose of informing road users of temporary changes to the provisions of parking places.

Please can someone tell me if there is any more valid legislation regarding marking suspension as I believe this is the council’s fault for not putting appropriate signage on both posts.

Is this issue worth pursuing and if so will someone be kind enough to help me out with writing it. I have attached photographs regarding this issue including pictures of this bay at night time.
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Thanks!
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post Tue, 7 Apr 2020 - 12:59
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PASTMYBEST
post Tue, 7 Apr 2020 - 16:54
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Post the PCN and better images of the council photos, use an external hosting site


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Peonia131
post Tue, 7 Apr 2020 - 18:04
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https://imgur.com/a/OefTkk8

Also I am adding 3rd page of my letter as previously attached pic. 4 is incorrect

https://imgur.com/a/B3wOCCN
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PASTMYBEST
post Tue, 7 Apr 2020 - 18:45
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Can you give us a GSV link


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Peonia131
post Tue, 7 Apr 2020 - 21:03
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https://www.google.co.uk/maps/@51.5611187,-...6384!8i8192
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PASTMYBEST
post Tue, 7 Apr 2020 - 21:40
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QUOTE (Peonia131 @ Tue, 7 Apr 2020 - 22:03) *


Some cases that have a bearing you can base your ground of challenge on

2160301304

The allegation in these proceedings was that this vehicle was parked in a suspended bay.
The appellant, who appeared before me today and who presented as a particularly honest and credible witness, raised the issue of signage stating that on parking with a disabled badge displayed in the vehicle she checked the bay plate to the front of the vehicle there being no suspension notice on the lamppost bearing it she believing that she had lawfully parked. She did not see the council's suspension notice which had been posted on a lamppost bearing a bay plate behind the vehicle (she pointing out that the sign as shown in her photographs was a reflection thereof the sign itself being posted at the corner of the road).
The motorist on parking is required to check signage but the council is under a corresponding duty to post signage that is clear.
I was satisfied on parking that the appellant checked signage to the front of her vehicle and had no reason to seek out further signage.
It seemed to me that in order to adequately sign this suspension the council should have posted a second suspension notice on the lamppost in front of the vehicle which on the photographic evidence before me appeared to serve this bay.
I was not satisfied as to the adequacy of signage in this case and found that the contravention had not been proved.
The appeal was accordingly allowed.

2160371376

The Appellant did not attend the hearing.
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.

2160340995
I heard from the appellant, the driver, at a hearing today.
It is not in dispute that the vehicle was parked in a bay which had been suspended, and nor is the lawfulness of the suspension in issue. What the appellant says is that the signage was inadequate in respect of this bay to inform the motorist of the suspension applicable. He is an habitual user of the bay and had no reason to suspect that, at 10pm (well after the cessation of the restriction for that day) the bay was other than available for parking/waiting. He did not see the sign which he says was of insufficient size and prominence to alert him.
The Authority relies on a one-sided sign attached, at something of an angle, to the post carrying the timeplate indicating the hours of restriction. The Authority relies on an authorisation of the Secretary of State authorising the suspended bay sign in the London Borough of Hackney.
What is immediately obvious is that the authorisation requires the use of a 3-sided yellow suspension sign, with the dimensions and colour being specified. Clearly therefore what was used at the location in question was not an authorised sign, and was not therefore compliant with regulatory requirements.
The appellant gives evidence which I accept, that at other locations in Eagle Wharf Road, at the same time and for the same suspension, the 3-sided sign was used.
Taking all these circumstances into account I conclude that the signage at this point was inadequate, and that the appeal must be allowed.


Sign authorisation for Barnet
http://assets.dft.gov.uk/trafficauths/case-4111.pdf




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cp8759
post Thu, 9 Apr 2020 - 10:32
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What you have is more than enough to win the case, but the council rejects 99.99% of informal representations as most people just give up and pay. That being said, we can help you write a representation and the Notice to Owner stage and a knock-out appeal for the tribunal.

It is well established that if you look at the sign closest to your car you are entitled to rely on it and you're not required to go and check every other sign "just in case".

Are you the registered keeper, and if so is the address on the V5C up to date?


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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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hcandersen
post Thu, 9 Apr 2020 - 13:25
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OP, IMO at present there is insufficient info on exactly where you were for anyone to decide what's what.

Pl tell us where you were by referencing the adverts on hoarding which GSV shows was on the other side of the road.

There are 2 parking places in Church Walk and I cannot tell from your or the authority's photos in which you were parked.

Again, GSV shows 3 traffic signs, the one in the first parking place is clearly for vertically challenged drivers, the other two in the second one being at an acceptable height, but of different format therefore identifiable from each other.

The 'road closed sign' is for lost trawlermen as it is a red herring and irrelevant for these purposes.

Once we know and you can prove where you were the analysis can begin.

At this stage I am reluctant to tell you the significance of the signs' locations lest it skew your map reading skills.
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