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What's the law on placement of a parking suspension sign?, Parking in a suspended bay
cateholly
post Thu, 20 Jun 2013 - 14:31
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Hi,

I've received a £130 fine from City of Westminster council for parking in a suspended bay. I've tried to get the ticket cancelled on the basis that the sign wasn't placed next to the suspended bay, and so I didn't actually see it was suspended. Typically there were tonnes of other non-suspended spaces I could have parked in, had I known!

On City of Westminster's website (http://www.westminster.gov.uk/services/transportandstreets/parking/wheretopark/onstreet/suspendedbays/), they state that "A suspension sign is usually placed on the nearest piece of street furniture to where the suspension applies" and also "we need to use the nearest lamp column for the sign, which may not be directly adjacent to the suspended area".

There was a lampost near to the suspended bay, yet they didn't place the sign on that one, the nearest lampost to the suspended bay. Instead, they placed the sign 22 metres down, on the lampost that contained the phone by parking location code sign too. There are three parking bays along this street, all with the same location parking code, so I looked up the code from the next lampost down the street, and therefore didn't see the suspension sign.

I've now been sent a formal Notice to Owner letter, with ways to challenge the PCN. The grounds I might be able to go on are, "there has been a procedural impropriety (described below) on the part of the enforcement authority....

At the bottom of the page it defines as follows: "Procedural impropriety" means a failure by the enforcement authority to observe any requirement imposed on it by the Traffic Management Act 2004, or relevant Regulations made under the Act in respect of the civil enforcement of parking contraventions, in relation to the imposition or recovery of a penalty charge or other sum".

I've been trying to find out what legislation there is for this under the Traffic Management Act 2004 for placement of suspended parking signs, and haven't had any luck so far. I just wondered whether anyone was able to help please?

Thanks!

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post Thu, 20 Jun 2013 - 14:31
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EDW
post Thu, 20 Jun 2013 - 14:51
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Post the full pcn here with personals removed.


Send them an email asking for:

'suspension request, all CEO photos, ticket history/hand-held computer print-out.
traffic Order, all evidence council believe proves the contravention.'

then post the reply here.

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guy on a buffalo
post Thu, 20 Jun 2013 - 14:55
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The Road Traffic Regulation Act 1984 gives councils the powers to create traffic orders that help create/regulate parking/moving traffic reulations (ie bays/lines/no left turns etc). Within the order that created those bays will be the power to suspend your right to park in them. It won't say anything about where the signs need to be situated.

The litmus test is that suspensions need to be 'adequately signed' not that you actually saw the sign. Bit vague I know but photographs of your vehicle and the sign and ideally a google street view link should help us come to an opinion on this.

Also you'll need to post up the front and back of any corresponsence you've had from the Council.


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QUOTE
Anon: Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, **** on the board and then strut around triumphantly.
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Chaseman
post Thu, 20 Jun 2013 - 14:58
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I think your strongest point is that Westminster appear not to have had their temporary suspension signs authorised by the DfT. The same point came up in a thread yesterday. See this thread:

http://forums.pepipoo.com/index.php?showto...mp;#entry834629


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