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Shamot
Hi Guys,

I left my car parked in a parking bay outside our tower block on Satuday 14th July at about midday. I didn't use it for the rest of that weekend and only on Wednesday (18th) AM I have noticed that I have been issued with 3 x PCN tickets for parking in a suspended bay.
I must say that I have not seen any advance notice or warning of the upcoming suspension on that Saturday and funny enough i parked my vehicle not far from a sign post where the information was displayed.
Moreover as a local resident and a parking permit holder i had no infromation coming through via post or in any other way from Croydon council about upcoming road works and a planned parking suspension.

This whole situation is very unfortunate as my wife and I are expecting our first baby to be born in few weeks and almost £200 fine is quite a lot for our houshold budget.
Hence I would very much appreciate any advise or help with this matter.

I have attached some pictures taken by traffic wardens and photos of my PCN tickets.
Mad Mick V
Lots wrong with this:-

Continuous contravention

Differing contraventions

The authorised suspension sign doesn't ban unloading so a Code 02 is iffy:-

http://assets.dft.gov.uk/trafficauths/case-3866.pdf

Mick
Shamot
Hi Mick,

Thanks for your reply.

I wonder only if this would be enough for Council to cancel my tickets (?)

As I mentioned in my post above at that moment when I have been leaving my car there was no advance warning of upcoming works posted anywhere near.

I belive i have been unfairly fined three times but need some sold base for my appeal.



Regards
cp8759
I agree with Mad Mick V, they've used the wrong contravention code on PCNs 1 & 3, so the alleged contravention did not occur. It's a continuous contravention, so they have to cancel PCNs 2 and 3 in any event.

I would make informal representations asking that they cancel the PCNs on the following grounds:

1) The car was parked before the parking suspension sign was installed, therefore the alleged contravention did not occur.
2) The sign authorised by the Department for Transport under authorisation GT50/076/0016 is only authorised for use to inform motorists of a temporary parking suspension, its use is not authorised to inform motorists of a temporary loading suspension. Therefore the PCNs issued with contravention code 02 must be cancelled as the alleged contravention did not occur.
3) PCNs 2 & 3 were issued after PCN 1, but the vehicle had not moved. As the restriction had been in force throughout the period covered by the three PCNs, and the vehicle had not been moved, the council is attempting to extract 3 penalty charges for a single wrongdoing, thus creating double jeopardy. This is unlawful and it means that the amount demanded exceeds the amount due in the circumstances of the case.
4) If all of the above is wrong, given your personal circumstances ("This whole situation is very unfortunate as my wife and I are expecting our first baby to be born in few weeks and almost £200 fine is quite a lot for our houshold budget"), the council should exercise discretion to cancel all the PCNs, or at least PCNs 2 & 3.

Write a draft based on the above and post it on here before sending it to the council.
Shamot
Hi CP8759,

Many thanks for your advise.

Below is a draft message based on what you've advised.

I would like to appeal against parking fines that were issued on 16th 17th and 18th July 2018.
I left my vehicle parked in a parking bay outside our tower block on Saturday 14th July at about midday. I then did not use my car for the rest of that weekend. I only went back to my car on Wednesday 18th which was when I found out that I have been fined 3 times on three consecutive days from Monday 16th to Wednesday 18th July. As this sign was clearly put up after this date and adequate notice was not provided the alleged (as per code 02a) contravention (as per code 02a) did not occur.
The car itself stayed in this bay during the dates mentioned in my statement above and PCNs 2 (NO...) & 3 (No...)were issued after PCN 1, but the vehicle had not moved. As the restriction had been in force throughout the period covered by the three PCNs, and the vehicle had not been moved, the council is attempting to extract 3 penalty charges for a single wrongdoing, thus creating double jeopardy. This is unlawful and it means that the amount demanded exceeds the amount due in the circumstances of the case.
I would also like to highlight that the sign authorised by the Department for Transport under authorisation GT50/076/0016 is only authorised for use to inform motorists of a temporary parking suspension, its use is not authorised to inform motorists of a temporary loading suspension. Therefore the PCNs issued with contravention code 02 must be cancelled as the alleged contravention did not occur.
I would also like to note that when I left my car on the aforementioned date there was no sign of an advanced notice displayed informing of any planned parking suspensions for the following week. Nor, as a parking permit holder (PP No….) did I did receive any prior information from Croydon Council of any upcoming works or parking suspensions within my area.
Please review the above appeal for these parking tickets as this whole situation is very unfortunate as my wife and I are expecting our first baby who is due to be born in few weeks and a fine of almost is quite steep for our household budget.

My thanks in advance for any other suggestions regarding this.

Regards,

Tom
cp8759
I've rearranged this a bit, I've tried to keep your own wording as much as possible, send this off and see what comes back:

QUOTE
I would like to make informal representations against the three PCNs that were issued on 16, 17 and 18 July 2018.

I left my vehicle parked in a parking bay outside our tower block on Saturday 14th July at about midday. When I left my car there was no sign of an advanced notice displayed informing of any planned parking suspensions for the following week. Nor, as a parking permit holder (PP No….) did I receive any prior information from Croydon Council of any upcoming works or parking suspensions within my area. I only went back to my car on Wednesday 18 July which was when I found out that I had been served with 3 PCNs on three consecutive days. As the suspension sign was clearly put up after the date that I parked, and no advance warning had been given of the suspension, the alleged contravention did not occur.

Furthermore, the car was not moved at any time between the times when PCN1, PCN2 and PCN3 were issued. As the parking suspension remained in force at all times on these three days, but the vehicle was only left stationary once, this is a continuous contravention and the council had no power to issue multiple PCNs. Once a vehicle is in contravention, the council only has a power to issue a single PCN for as long as the restriction remains in force, the only other recourse the council has is to remove the vehicle. There is no statutory or common law power to issue a PCN every 24 hours, or once per calendar day, just as there isn't a power to issue a PCN every 5 minutes. Some councils issue PCNs in the mistaken belief that the law allows one PCN to be issued per day, but this is not the position in law, this is just something that some councils have made up. As the council issued 3 PCNs when at most 1 penalty could have been due, the amount demanded exceeds the amount due in the circumstances of the case, therefore in any event PCNs 2 & 3 must be cancelled.

I would also like to highlight that the sign authorised by the Department for Transport under authorisation GT50/076/0016 is only authorised for the purpose of informing motorists of a temporary parking suspension, its use is not authorised to inform motorists of a temporary loading suspension. Therefore the PCNs issued with contravention code 02 must be cancelled as the alleged contravention did not occur. Substantial compliance is not an adequate answer as the Secretary of State only authorised the use of the sign to enforce a 01 restriction and the council cannot therefore purport to use that sign to enforce a completely different restriction.

However, should you disagree with all of the above, I kindly ask that you excercise your power of discretion to waive the three PCNs, or at least PCNs 2 and 3: this whole situation is very unfortunate for us as my wife and I are expecting our first baby who is due to be born in few weeks, and such a large penalty would put significant strain on our limited household budget.

Yours faithfully,

Mad Mick V
OP---- I think you need to guide them through the issues and that you are appealing 3 PCNs --but keep it simple. Kick this draft about :----

----I wish to appeal on the basis of a continuous contravention because my vehicle was in situ and not moved when each of the following 3 PCNs were served:-

1) PCN number ???---dated ??? contravention Code 21;

2) PCN number ???---dated ??? contravention Code 02;

3) PCN number ???---dated ??? contravention Code 02.

On the 1st PCN I would contend that I was legally parked before the sign was erected and the Council will be able to confirm this via their suspension log. There was no advance warning sign and the Council did not inform me, as a residents permit holder, that this situation would occur. Therefore this PCN is not valid and should be cancelled.

The 2nd and 3rd PCNs should be cancelled under the continuous contravention protocol since there are no timings on the suspension sign to indicate that the restriction was anything other than 24/7.

If the Council fail to agree this point then I would argue that a Code 02 contravention is not sustainable in that there were no Section 14 Road Traffic Regulation Act 1984 Notices posted in this street and the Council has no authority to enforce a loading/unloading restriction under its Department for Transport suspension sign authorisation GT50/076/0016. It is only authorised for use to inform motorists of a temporary parking suspension, its use is not authorised to inform motorists of a temporary loading suspension. Therefore the PCNs issued with contravention code 02 must be cancelled as the alleged contravention did not occur.

The cumulative penalties sought by the Council for this single alleged infraction are excessive and the Council are asked to justify why they seek a payment as high as £390. In this respect this whole situation is very unfortunate as my wife and I are expecting our first baby who is due to be born in few weeks and a fine of almost £400 is quite steep for our household budget.

Yours
--------------------------

Mick
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