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Suspended Bay
zexx
post Sat, 16 Nov 2019 - 14:56
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Thames Water set up some barriers and, unbeknown to me, suspended a portion of the bay near to my home. I did not see the notice. Usually, when the council want to trim the trees, for instance, bollards are placed and many notices. Can Thames Water get away with this? What if I was away for a few days? Costs would have been crazy.

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This post has been edited by zexx: Sun, 17 Nov 2019 - 22:30
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post Sat, 16 Nov 2019 - 14:56
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Incandescent
post Sat, 16 Nov 2019 - 17:58
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Notice says it was displayed from the 5th November for suspension starting 08.00 on 13th November. If correct this is adequate notice, so you would need to prove the notice was displayed much later than this.

QUOTE
unbeknown to me, suspended a portion of the bay near to my home.

So why unbeknown ? The most common reason we see here is the vehicle was left for many days, during which the suspension was announced and came into effect. So what about your situation ?
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stamfordman
post Sat, 16 Nov 2019 - 18:09
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You only got a PCN on the second day, which is slow off the mark for WF and may suggest the reason for the suspension went away. They would also often tow for this although the size of the van may mean they couldn't.
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zexx
post Sat, 16 Nov 2019 - 18:37
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Unknown because I did not look for the notice. Not obvious to me. Would like to post more images of the area but have reached my limit for photos.

Very lucky in a sense. Would have been much more expensive to have been towed away.

I'll put it down to experience.

Cheers.
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PASTMYBEST
post Sat, 16 Nov 2019 - 18:45
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I keep trying to work out where it was you parked, and from the photos, can't. So this case comes into play

2160397824

The Appellant has been unable to attended and the Authority is not represented.
The Authority's case is that the Appellant's vehicle was parked in a suspended bay when in Central Parade on 24 June 2016 at 10.41.
The Appellant's case is that the suspension notice was unclear and inadequate to indicate the suspension at the location where she had parked.
I have considered the evidence and, on a balance of probabilities, I find that the signage falls short of being adequate for the following reasons:
First, I agree with the Appellant that 'outside 11 to 17' should have been amplified - not all the shops are numbered.
Second, the suspension notice is not of the type usually in use by London Authorities, which has three sides.
Third, the presence of blue screens and bollards has added some confusion as to where a motorist may or may not park.
Fourth, I find that where bollards etc. are used they should where possible enclose the entire suspended area.
Taking these matters together I find that this contravention is not proved.
The appeal is allowed.


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cp8759
post Sat, 16 Nov 2019 - 20:12
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The images we've seen so far don't prove anything, because there is no evidence that you were parked outside 22 to 26. Post all the council pictures, use an external site like imgur.com to host the images.

Also, when did you park?


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zexx
post Sat, 16 Nov 2019 - 22:42
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I was parked from late evening, on the 12th, until the following morning.






Photos removed to preserve evidence.

This post has been edited by zexx: Sun, 17 Nov 2019 - 16:33
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stamfordman
post Sat, 16 Nov 2019 - 22:46
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This is confusing. I'm thinking there was a suspension opposite where works were going on to enable traffic flow?
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PASTMYBEST
post Sat, 16 Nov 2019 - 23:06
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QUOTE (stamfordman @ Sat, 16 Nov 2019 - 22:46) *
This is confusing. I'm thinking there was a suspension opposite where works were going on to enable traffic flow?


sign is outside 24/26 so no,

How are you supposed to read that sign though tucked away in its little box?


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cp8759
post Sun, 17 Nov 2019 - 00:56
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If the council's photos do not prove where the sign or the car was, the council cannot discharge its evidential burden.


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zexx
post Sun, 17 Nov 2019 - 16:51
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QUOTE (cp8759 @ Sun, 17 Nov 2019 - 00:56) *
If the council's photos do not prove where the sign or the car was, the council cannot discharge its evidential burden.


Does this first image help prove anything for them?

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cp8759
post Sun, 17 Nov 2019 - 19:36
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QUOTE (zexx @ Sun, 17 Nov 2019 - 16:51) *
QUOTE (cp8759 @ Sun, 17 Nov 2019 - 00:56) *
If the council's photos do not prove where the sign or the car was, the council cannot discharge its evidential burden.


Does this first image help prove anything for them?



Not being funny but that could be anywhere in England. Even if we accept it's on the right street, no door numbers are visible, so how can the council prove the van was parked outside numbers 22 to 26?


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zexx
post Sun, 17 Nov 2019 - 22:31
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Thank you
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zexx
post Sat, 30 Nov 2019 - 15:52
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cp8759
post Sat, 30 Nov 2019 - 17:12
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I was not expecting you to quote my comment verbatim, but no bother. If you want to carry on, just wait for the Notice to Owner. Do you have the V5C and is the address printed on it correct?


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zexx
post Sun, 1 Dec 2019 - 05:21
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I have the log book and the address is correct.
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PASTMYBEST
post Sun, 1 Dec 2019 - 11:31
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QUOTE (zexx @ Sun, 1 Dec 2019 - 05:21) *
I have the log book and the address is correct.


Then wait for the NTO do not send anything else to the council without posting here first for review.


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zexx
post Tue, 7 Jan 2020 - 14:59
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What should I do next?

Thank you.
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cp8759
post Tue, 7 Jan 2020 - 23:29
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How close to the van was he nearest sing without a suspension notice? I presume this would have been behind he van.


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zexx
post Wed, 8 Jan 2020 - 02:56
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About 25m ahead of the van on the lamp post within a boxed area. No signs beside the suspended bay.





This post has been edited by zexx: Wed, 8 Jan 2020 - 03:01
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