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Parking in a suspended bay
harkaran121
post Thu, 16 Jan 2020 - 17:37
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Hi everyone,

Was hoping you could help me out.

I have recently been issued a NtO for parking in a suspended bay.

I did not know that the bay was suspended. Please find the images the council have provided as evidence below:

















Could you please let me know if I have a grounds to appeal this fine?
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post Thu, 16 Jan 2020 - 17:37
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Incandescent
post Thu, 16 Jan 2020 - 22:30
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Sorry, but you're going to have to give us a bit more to go on, like posting the NTO for a start and a narrative describing the circumstances. You should have received a PCN served to the car, (stuck on the windscreen); what happened to this ? More info means better advice !

Photos are not a legal requirement, BTW, it is your word against the CEO who issued the PCN. Were you actually the driver at the time ?

This post has been edited by Incandescent: Thu, 16 Jan 2020 - 22:31
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harkaran121
post Fri, 17 Jan 2020 - 10:13
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Hi

The NTO just states that I was parked in a suspended bay, but I will post a pic of it.

Unfortunately when I got to the car the PCN Was no longer there, so I did not even know I had a ticket until the NTO arrived.

I was the driver at the time.

I basically paid for a ticket and thought this was a normal parking bay. There was no cone present in the bay and the signs were very poor.

Hope this helps
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Incandescent
post Fri, 17 Jan 2020 - 10:50
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Give us a GSV link and tell us exactly where you parked and how/where you paid. The bay should have a sign giving the restrictions and how to pay; did you look at this ? Any suspension signs should be on the bay signs.
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harkaran121
post Fri, 17 Jan 2020 - 16:37
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Hi,

Please find attatched NTO document and a drawing of what occurred.

I parked opposite the pay machine. there was also other cars parked in surrounding bays.

The notice sign was located on a post which was hard to identify in the dark.

Also there was no cones in the bay stating you could not park.

Hope this helps.
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Attached File  drawing.pdf ( 21.02K ) Number of downloads: 12
Attached File  NTO.pdf ( 218.01K ) Number of downloads: 20
 
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Michael Gibson
post Fri, 17 Jan 2020 - 16:58
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Streetview please.
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BQ68
post Fri, 17 Jan 2020 - 19:16
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QUOTE (harkaran121 @ Thu, 16 Jan 2020 - 17:37) *


That your car? If so does that happen to the suspension sign which is meant to be oh so far away?

https://www.google.com/maps/@52.4822571,-1....3312!8i6656 ?
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cp8759
post Sat, 18 Jan 2020 - 21:17
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Well it looks like the sign was right next to the car, so I'd drop any references to the sign being hard to see or far away or whatever else. A much better ground would be that the sign is invalid.

The sign authorisation at http://assets.dft.gov.uk/trafficauths/case-4536.pdf article 2 imposes a six month time limit, the sign cannot stay in place for longer than that. The quality of the photos is not great but it looks like the suspension is from September 2018 to February 2020, which is way over the six month time limit.

harkaran121, is there any way you could go back and get us a better picture of the sign?

This post has been edited by cp8759: Sat, 18 Jan 2020 - 21:18


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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harkaran121
post Mon, 20 Jan 2020 - 14:32
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Unfortunately I cannot go and get another picture of the sign.

But I do believe the suspension started in September 2019.

Thanks for all your advice.... what would be the best way to base my appeal?
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cp8759
post Thu, 23 Jan 2020 - 22:13
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If the suspension sign is valid and was right next to the car (as per https://postimg.cc/qgqMZRNB), frankly you don't have a leg to stand on. The best you can do is make a plea for discretion and hope that the discount is re-offered.

If the Notice of Rejection does not re-offer the discount, you could appeal on the basis of Shelley Sinclair v Lewisham.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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eshroom
post Thu, 23 Jan 2020 - 22:58
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I've had an adjudicator rule in my favour based on signs in council photo evidence not being clear enough. The photo indicates to me that the handwriting would be too hard to read and make sense of. Did it start in 2019? Looks like 2018 to me. Does that say September - February? If you believe the signage was illegible or in breach of guidelines, then I'd say you have quite a good chance in front of an adjudicator, based on the evidence provided by the council.

This post has been edited by eshroom: Thu, 23 Jan 2020 - 22:59
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cp8759
post Sun, 26 Jan 2020 - 18:26
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Depends on the adjudicator though. With Jack Walsh, sure, but with Michael Burke, no chance.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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