PCN issued by council - incorrect signposting and appeal blatantly ignored Options

[Phoenix08]

Hi All,

I've been pointed here as the best place to get advice.

I parked in a council on street parking space, that had a suspension, but this was not clearly signposted. I appealed the ticket, but the appeal was rejected, and it is clear that they have not even bothered to read my appeal.

Here is my appeal that I sent in:
Dear Sir/Madam, I am writing to formally challenge the above Penalty Charge notice.
On xx/xx/xx, my vehicle xxxxxx was issued with a Penalty Charge Notice for the reason of Contravention 21 - Parked wholly or partly in a suspended bay or space. I am challenging this PCN on the basis that there was not clear signage showing the suspension of the parking spaces. When I arrived, I noticed that there was the parking suspension sign, but it contained no information, as per the attached picture, with a screenshot of the picture information which shows the time the picture was taken.
This does not follow section 9.5 of the Traffic Management act 2004, which states the following: "Authorities should not issue PCNs when traffic signs or road markings are incorrect, missing or not in accordance with the TRO. These circumstances may make the Order unenforceable." as found at the following web address: https://assets.publishing.service.gov.uk/go...traventions.pdf I have attached a photograph of the sign with missing information, and a screenshot showing the time and location of the picture. For this reason, I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

And this is their response to the appeal:
We have carefully considered your challenge, however have decided not to cancel your Penalty Charge Notice (PCN). You were issued a PCN for parking in a bay that had been suspended. There were yellow signs saying 'Warning. Parking suspended. No waiting, loading, unloading'. Bays are generally suspended to allow for gas works, road works or large delivery vehicles. Before we suspend parking bays, we have to put up warning signs and we did this. It is up to drivers to check on their cars every day to make sure that the parking bay is not being suspended.

These are the council evidence photos




This is the PCN



This is the evidence I referred to in my appeal, with photo and screenshot of the photo information



What I think has happened is that the poster with information has fallen off or been removed, I have parked and the parking attendant has re-attached the poster, before ticketing me.

What would be the best thing to do next?

Thanks in advance

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[Phoenix08]

So would your advice be to pay it as it's a bit 50/50 on which way it would go?

[disgrunt]

Well it could come down to credibility at adjudication, who does the adjudicator feel is more credible.
On my he on hand you see a space, there is a blank suspension notice so you park. Had the notice fallen on the floor or was it not there and a new notice printed and stuck up?
On the other hand they do not appear to have considered your reps by saying it’s your job to check on your car on a daily basis.

Personally, I would press on but it’s your money.

[disgrunt]

one of your issues is that it is not entirely obvious when you parked. Nowhere do you say I parked at 9:30 am on 5th September 2019 (or what ever it is). Even if they have looked at your photo and the attached photo data showing when it was taken it still requires the reviewer to make the deduction.

Any appeal to the adjudicator will need to bring this out very clearly.

[PASTMYBEST]

take a screenshot of the GSV and mark on it exactly where you parked

[Phoenix08]

As it's been pointed out that it's essentially an I said, they said situation, I've decided to make use of the re-offered discount and paid it.

I really appreciate all the advice I was given - thanks everyone!