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PCN - Suspended Parking, No signs in the evening - PCN in the morning
Rosenthal
post Wed, 23 May 2018 - 00:13
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Hi,

I have been looking through the forum today to get some information on appealing a seemingly unreasonable PCN received yesterday and wonder if anyone could please help.

Our car was parked in our usual parking bay on an adjoining street (as there are usually no parking spaces on our street) in a controlled parking zone for which we have a valid residents' permit. We do not use the car daily and do not go through the street where it is parked every day either.

We used the car on Sunday 20th May 2018 and parked it in our usual spot on the same street twice - around 7 pm in the afternoon and then again just before midnight. Neither of those times did we see any parking suspension signs. Each time I parked the car on Sunday I was with a different passenger and neither myself nor either of the passengers recall any signs being there, but, other than our statements, we have no evidence to show they were not there.

We did not use the car the following morning on Monday 21st May 2018; however, my partner happened to walk down the street where it was parked around noon on Monday 21st May and she noticed multiple parking suspension signs, suspending parking from 9 am to 5 pm on Monday 21st May 2018 (please see photos attached - the number of signs and their deployment would make them very difficult for us to miss, had they been in fact in place the night before, especially as the cones were placed where multiple cars had been parked the night before) and there was a PCN from Hounslow Council attached to the car, for having the car parked in a suspended parking zone. From the photographs available with the PCN (online), it even appears that the PCN was being issued as the signs were being displayed (a maintenance van seems to be visible on the street in one of the photos). We of course moved the car immediately.

We would like to now appeal/challenge the PCN on the basis that it would be unreasonable/unfair to be penalized in the circumstances, as we had only parked there the night before, when there were no signs, and in any event it seems unreasonable for the council to be able to simply suspend residents without prior notice immediately after putting up sings.

I include links to a redacted copy of the PCN notice and some photographs downloaded from the council's website showing how the signs were displayed in the morning.

I would be very grateful for any advice as to whether it would be possible to challenge the PCN in the circumstances as well as any pointers towards the relevant regulations (I have not been able to find anything specifically requiring the council to give advance notice before suspending parking). I hope there to be at the very least some form of notice required to be issued to the residents in advance of parking suspension, but look forward to your thoughts.

Thank you very much in advance!

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post Wed, 23 May 2018 - 00:13
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big_mac
post Thu, 7 Jun 2018 - 21:38
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QUOTE (Rosenthal @ Wed, 6 Jun 2018 - 11:52) *
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 suspended

It looks to me like they may have carefully worded this, it doesn't say when the suspension sign was placed, or even deny that it was potentially on the same day.
Can you find out when the council claims that the signs were placed?

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PASTMYBEST
post Thu, 7 Jun 2018 - 22:30
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Theres a lot going on in this thread so don't want to distract, but this statement


QUOTE
It is up to drivers to check on their cars every day to make sure that the parking bay is not suspended

does not accord with this high court finding

http://www.bailii.org/ew/cases/EWHC/Admin/2015/713.html


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Rosenthal
post Fri, 15 Jun 2018 - 09:56
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hi all,

thank you for the responses. cp8759, please see a copy of my representations below and please let me know what you think:

thank you!

--

Dear Sir/Madam,
The vehicle is usually parked on Stile Hall Gardens (which falls within the CPZ for which we have a resident’s permit), as there often is no space in our street. We do not use the car daily and do not go through Stile Hall Gardens every day either.

We used the car on Sunday 20th May 2018 and parked it in our usual bay on Stile Hall Gardens twice – at approximately 7 pm in the afternoon and then again just before midnight. At neither of those times did we see any parking suspension signs. Each time I parked the car on Stile Hall Gardens on Sunday 20th May I was with a different passenger and neither myself nor either of the passengers recall any signs being there.

We did not use the car the following morning on Monday 21st May 2018; however, later in the morning we noticed multiple parking suspension signs on Stile Hall Gardens, suspending parking from 9 am to 5 pm on Monday 21st May 2018. At that point there was already a PCN from the council attached to the car for having the car parked in a suspended parking zone. It would therefore seem that the signs were deployed on the morning of Monday 21st May 2018. We of course moved the car immediately.

We would be grateful if the PCN could be cancelled, as it seems rather unreasonable for residents to be penalised in these circumstances, in that: (a) the car was parked with a valid residents’ permit in Stile Hall Gardens the night before, when there was no suspension in operation; (b) there were no parking suspension signs in place at the time the car was being parked in Stile Hall Gardens, which was only the night before; and © it seems the PCN was issued while the parking suspension signs were being deployed, or shortly thereafter.

Although the car may have been parked in a length of road which at the time the authority believe was subject to restrictions imposed by an order made under s14(1) of the Road Traffic Regulation Act 1984, I challenge that the mandatory procedures under Regulation 3 and the Schedule to the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 were complied with by the council and therefore that the restrictions were in effect.

Given that the restriction was not lawfully in effect, the contravention, which relies upon an offence being committed under section 16(1) of RTRA, did not occur.

If the authority rejects these representations, relevant evidence should be provided, including:
1. The relevant extract from the order;
2. Details of the relevant dates on which the requirements of the Schedule were complied with;
3. Evidence that all mandatory signs were in place on the day, including those at the entrances to the road, and provide copies.

Thank you for your assistance and I look forward to hearing from you.
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hcandersen
post Fri, 15 Jun 2018 - 10:56
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Good.

Carry on.

Debate about the suspension of parking places using the administrative power granted by the council to itself in its desgnating traffic order is not relevant, can we please park it.

The restriction was allegdly imposed NOT under the authority’s order designating the parking places but under the blanket coverage of an order made under s14. They are chalk and cheese.

Where’s the order?
Where’s evidence of their compliance with the Temp Traffic Order regs?

In short, where’s their case?

Their response shows that they do not understand the difference between suspending parking places and orders under s14. And by the way they were required to cover the traffic signs, which they didn’t do. But this is secondary.

OP, please post all pages of the notice of the order as they apply to the road - what you’ve posted is partial and misleading e.g. I can see Stile 21 May, but what under which b*****y Schedule!

Include everything, even page numbers so we can check on their sequence.
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Rosenthal
post Fri, 15 Jun 2018 - 21:57
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thank you.

This is the best photo I have of the back of the notice. The notice comprised only 1 laminated sheet of paper, with page 1 of 5 on the front and page 3 of 5 on the back - that is all there was. I think the writing from page 1 is even visible on page 3 and vice versa, indicating there were no other pages; even if there were, the notice was laminated, therefore the other pages would not have been accessible.

Does this make the notice itself invalid?

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Mad Mick V
post Sat, 16 Jun 2018 - 07:56
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OP-----I think if your road was specified then we can forget about the other pages.

I do however think that if you have to read the reverse of a Notice to discover which roads are affected that is not proper display as per:-

http://www.legislation.gov.uk/uksi/1992/1215/schedule/made

Mick
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