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Westminster Council PCN - Parked in a suspended bay
Suliena
post Sun, 14 Apr 2013 - 10:48
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Hello to everyone, my turn to receive PCN from Westminster Council:

Contravention Details
Date of contravention: 12/04/2013
Time of contravention :20:23
Location: Foley Street [F3]
Contravention code: 21
Contravention description: Parked wholly or partly in a suspended bay or spac

You can see i have parked just by the notice...but for some stupid reason i did not put my attention to this board as came in the late evening.
I have no clue what parking suspension has been placed for and when approaching the street the cars were parked everywhere (incl those bays), thus my reasonable believe was everything was operating as usual.
I'm coming to this place to park once/twice every week for the last 2 years and on regular basis and i know i'm free to park after 6.30pm.
It was a shame even knowing i could park on single yellow just next to this suspended bay!
I think what took me so long from receiving PCN before is that i was parking on a single yellow as all bays were taken. Strange to know that suspension was in operation from the mid of March!
I have no clue what this "disabled parking" notice is for... those cars parked are not blue badge holders...also when i received PCN there were cars nearby that were not issued with penalty.
The actual notice i missed was for 3 bays (cars were parked there without PCN being attached).
At the beginning of that road there was another notice for suspension of 4 bays and again, the cars were parked there without PCN issued.

I know that Westminster Council was not authorized by DfT to use, thus i assume i can apply on a ground that the notice sign of the suspension was non-compliant.
I don't know whether it makes sense to appeal as they would just point out it's my obligation as a driver to observe the signs.

Please advise.
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post Sun, 14 Apr 2013 - 10:48
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Jim Tull
post Wed, 19 Jun 2013 - 13:00
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I have just received a notice for £130 fine for parking in a suspended bay on 13th May in Foley Street. The notice states that the suspended bays are opposite 48-52. I could not find a 48 so assumed I was Ok. Nothing was placed on the windscreen so I assume it was by camera but I have only just received the papers so how was i supposed to pay it early. I have made representation and I await a response. I do not believe the signage is good enough and it looks like it is tailor made to catch you out as it would be easily possible to mark each bay that was suspended. Why are they suspended? They definitely were not in use.

This post has been edited by Jim Tull: Wed, 19 Jun 2013 - 13:01
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Chaseman
post Wed, 19 Jun 2013 - 14:09
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OP you are correct, I cannot see any mention here:

http://www.dft.gov.uk/traffic-auths/?search=westminster

of Westminster having had temporary parking suspension signs authorised. Moreover, how should one read the reason for suspension "Disabled Parking"? Does it mean that only motorists displaying Blue Badges can park, or that the bay is suspended so they can mark it out as a Disabled Bay [taking 4 months to do it???] or that it will revert to a normal bay in July?

To address your final point, it may be an obligation on the driver to observe signs, but it is most definitely an obligation on the LA to ensure their signage is legal! I would certainly appeal - where are you in the process? I note photos dated 12 April.

This post has been edited by Chaseman: Wed, 19 Jun 2013 - 14:13


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