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PCN York - Temporary Parking Restriction
marshyp93
post Wed, 18 Sep 2019 - 09:27
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Morning all,

I park in a street behind my flat in an industrial estate regularly. I parked my car there on Saturday afternoon and there was no notice of a temporary parking restriction up as a sign and the cones weren't there either. I returned to my car on Tuesday afternoon to find a PCN which has been issued that morning.

Please find in the following link the images the council has provided as evidence.

https://imgur.com/a/DxKM43d

Is there a notice period they must give to enforce a temporary parking restriction?

Thanks for any help with this one.

This post has been edited by marshyp93: Wed, 18 Sep 2019 - 09:28
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post Wed, 18 Sep 2019 - 09:27
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Incandescent
post Wed, 18 Sep 2019 - 10:55
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QUOTE
Is there a notice period they must give to enforce a temporary parking restriction?

They should give advance notice, but where emergency repairs are needed no notice may be given, but in such cases they should not penalise motorists.

However their suspension sign is attached to a post with a "No Parking" sign above it, indicating double-yellow lines, but there are none visible near your car, so it would seem to be some distance away. Other thing is that the PCN is not for parking where it is suspended, but where there are yellow lines, double or single.

What you need to do now is to challenge the PCN on the basis that the sign and cones were not in place when you parked-up at whatever time it was. Post up their reply when you get it.

This post has been edited by Incandescent: Wed, 18 Sep 2019 - 10:56
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Mad Mick V
post Wed, 18 Sep 2019 - 11:45
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The normal code for a suspension is Code 21 not Code 01. This suggests there is a temporary traffic order and there will be Notices (A4 sheets in plastic bags cabled-tied to lamp posts).

It would be worth photographing one of these Notices if they are still present and letting us see what the TTRO says.

You can probably get a copy from this guy:- darren.hobson@york.gov.uk

Mick

This post has been edited by Mad Mick V: Wed, 18 Sep 2019 - 11:57
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DancingDad
post Wed, 18 Sep 2019 - 11:57
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Can't see Hallfield Road but may be one of these ??
https://www.york.gov.uk/downloads/download/...triction_orders
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Mad Mick V
post Wed, 18 Sep 2019 - 12:01
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@DD
Already looked --- can't find it--obviously expired.
Mick
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marshyp93
post Wed, 18 Sep 2019 - 13:55
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Thanks all for the replies.

I have challenged based on the cones and signs not being there when I parked and also based on Mad Mick V your point of it maybe incorrectly coded. From a quick search I have found Code 01 as being - Contravention code 01 shall be used for non-goods vehicles (cars, motorbikes, and so on) seen to be parked in contravention on double or single yellow lines.

Which I'm not in breach of.

Thanks again for the help, I will post whatever response I get!
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Mad Mick V
post Wed, 18 Sep 2019 - 14:44
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No!
It isn't the wrong contravention if there is a TTRO and there does not have to be DYLs in such circumstances.

If the Council can prove the TTRO Notices had been posted prior to the restriction coming into effect then you are on the back foot.

Get hold of the TTRO by contacting the Council and post it up here.

Don't send reps yet and wait for others to comment.

If you are going off half-c*ck you might as well pay up now.

Mick


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hcandersen
post Wed, 18 Sep 2019 - 15:53
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?
Waiting in this length of road has purportedly been restricted. The absence of any in situ restrictions or parking places means that this could only be effected under the temp order/notice provisions of the Act, both of which are subject to detailed regs:

https://www.legislation.gov.uk/cy/uksi/1992/1215/made

The authority must prove that:
Either of these methods was adopted; and
That the procedures were followed and adequate notice given.

This is for the authority to prove. All the OP needs to do at this stage is make this the central part of their challenge and say exactly when the car was parked and the next time the car was seen and what signs were in the vicinity at that time e.g. a non-prescribed sign for the purpose for which it was used etc. Then to assert that it clear that the council have adopted and/or misapplied the provisions of the temporary order/notices sections under the RTRA 1984 and the temp procedures regs which apply.
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cp8759
post Wed, 18 Sep 2019 - 19:20
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QUOTE (hcandersen @ Wed, 18 Sep 2019 - 16:53) *
?
Waiting in this length of road has purportedly been restricted. The absence of any in situ restrictions or parking places means that this could only be effected under the temp order/notice provisions of the Act, both of which are subject to detailed regs:

https://www.legislation.gov.uk/cy/uksi/1992/1215/made

The authority must prove that:
Either of these methods was adopted; and
That the procedures were followed and adequate notice given.

This is for the authority to prove. All the OP needs to do at this stage is make this the central part of their challenge and say exactly when the car was parked and the next time the car was seen and what signs were in the vicinity at that time e.g. a non-prescribed sign for the purpose for which it was used etc. Then to assert that it clear that the council have adopted and/or misapplied the provisions of the temporary order/notices sections under the RTRA 1984 and the temp procedures regs which apply.

+1, the fact that they've used a parking suspension sign with no indication of a section 14(1) or (2) temporary restriction is a strong clue that they've not followed the prescribed procedure.

I doubt many councils understand the difference between a parking suspension, a temporary traffic order, and a section 14(2) notice, and I very much doubt the correct process has been followed in this instance.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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