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PCN H'smith & Fulham, Parked in a suspended bay
harmonicsalmon
post Mon, 11 Jun 2018 - 15:27
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Hi All,

I received a PCN for parking partly/wholly in a suspended parking bay. My entire road was apparently suspended for today, and I unfortunately was not aware that this was happening. I had been parked there for two weeks, and having called the council today, the notices were only put up on the 2nd of June, so after I had parked the car there. PCN below:

Attached Image


I live adjacent to where the car is in the below picture, so did not see the sign that the officer photographed (these signs were on lamp posts all down the road, but very far apart):

Attached Image


Photo of the sign that the officer took:

Attached Image


Upon calling the council today, they could not confirm whether or not they had sent out leaflets, and I do not believe they had (I certainly did not receive one through my letter box). As per the 4th bullet point on the below document from the Hammersmith and Fulham council website:

https://www.lbhf.gov.uk/sites/default/files...cm21-190634.pdf

'If you need to suspend more than 12 bays (60 metres) or need to suspend the bays for more than 1 week, we need at least 4 weeks notice, and you will need to send leaflets to local residents advising them of the suspension (leaflets will have to be sent to Parking Services for approval before distribution.)'

My entire road was suspended, which is well over 12 bays (it is roughly 80 i believe), yet I received no leaflet. Is there grounds here for the council not obeying its own rules? Additionally, can anyone see any other means of avoiding this charge?

Thank you in advance for any advice given!

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post Mon, 11 Jun 2018 - 15:27
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stamfordman
post Mon, 11 Jun 2018 - 15:35
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Reason for suspension?

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harmonicsalmon
post Mon, 11 Jun 2018 - 16:51
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QUOTE (stamfordman @ Mon, 11 Jun 2018 - 16:35) *
Reason for suspension?


"Gully Cleaning" apparently.
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stamfordman
post Mon, 11 Jun 2018 - 20:38
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As you say unlikely the council will use its policy for others for itself. 9 days is a while not to check on your car but feasible if you'd been on a fortnight's holiday.

Were a lot of other cars left in contravention? Did they start towing?

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harmonicsalmon
post Mon, 11 Jun 2018 - 23:00
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Yeah there were several other cars on the road with the PCN's on their windscreens as well. Nope, no cars were towed all day.
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Mad Mick V
post Tue, 12 Jun 2018 - 05:40
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OP----the Council should have maintained a "suspension log" which would show the VRM of vehicles parked in the area to be suspended at the advanced warning sign stage and when the yellow sign was erected.

Your case is that your vehicle was in situ before both of these events and therefore you were legally parked. The Council should have proof via its suspension log that this is the case.

They will probably try the usual hogwash that motorists should check their vehicles everyday which is not a sustainable argument.

Mick
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harmonicsalmon
post Tue, 12 Jun 2018 - 15:34
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Thanks for all the advice guys, I really appreciate it. Do I have to word my informal response in legalese, or should i simply state that I parked prior to the signs going up and have been away?
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John U.K.
post Tue, 12 Jun 2018 - 17:07
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QUOTE
Do I have to word my informal response in legalese, or should i simply state that I parked prior to the signs going up and have been away?

At this stage, you are seeking to persuade the Council to cancel. So, gently state the facts cleary, and by all means ask for a suspension log.

Save the legal chapter and verse for formal reps and/or tribunal.

Post a draft of your challenge here for comment before sending, but do not miss the discount window.
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harmonicsalmon
post Tue, 19 Jun 2018 - 14:50
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Hi all, got a message through today saying that the council has cancelled the charge, thank you all for your help!
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John U.K.
post Tue, 19 Jun 2018 - 20:08
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Well done smile.gif
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harmonicsalmon
post Wed, 20 Jun 2018 - 19:14
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Thanks John U.K., you guys are heroes.
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