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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
contractor
Hi,

Any pointers here would be appreciated.

I live outside a controlled parking bay which operates between 08:00 and 18:30. You can park for 1 hr, no return within 1 hour. I park there at 17:30 and move the car the next day before 09:00 thus using the 1hr either side of midnight. All very straightforward (you8 would think).

This moring I return the to car to find that sometime after parking last night a council officer has taped temporary orders to the two posts fronting the bays stating that the bays are suspended between 07:00-10:00 and 16:00-19:00. This is written on them in marker pen, and dated 19/09/06.

As this was done after I left my car there and I can reasonably leave it there until 09:00 the following day how am I supposed to know about this before getting a ticket based on the fact I am in a suspended bay at 08:15 this morning.

When the bay was suspended previously a notice was attached to the posts for a good week or so before, Nothing this time.

It is not just me either; 5 cars with tickets including mine and my partners.

I have gone down the informal appeal process this morning (Bexley London Borough allow informal appeal over a web page) but any other info/pointer that I could use would be appreciated. What I don't understand though is how they think they can do this. It is just mugging without the violence. Surely the council knew that by putting these notices up in this way people would get tickets for doing nothing wrong? Assuming they knew this (or it is reasonable to expect that that would be the outcome) is there a way I can "do them"?


Thanks,

Andy
Teufel
firstly you can challenge the laegality of the suspension

the tro/tmo will set out the procedures they have to follow
and usually the actual procedures are defective
these relate to the authorisation and the actiual notices
on the street

otherwise you challenge on the basis of unfairness that
the notice was insufficient - no specific case i know of
but read PATAS baldon v westminster which establishes
clearly the principle that under ceratin circusmatances
even lawful signs can be confusing and unfair
contractor
hmm. I spoke to the council today. A very nice man and I understand where they are coming from regarding the temporary suspension of the bays He did say though that a TRO/TMO was not needed though...

After discussing my particular circumstances he did say that they would be "understanding"

Regs,

Andy
Teufel
the existing TRO should include the procedures for any temporary amendment

otheriwise they could just suspend all parking bays at the beginning of the day and ticket everyone - afew days like that and they could
drop the council tax

any permanant changes need a new or amended TRO
DW190
QUOTE (alennon @ Thu, 21 Sep 2006 - 12:10) *
hmm. I spoke to the council today. A very nice man and I understand where they are coming from regarding the temporary suspension of the bays He did say though that a TRO/TMO was not needed though...

After discussing my particular circumstances he did say that they would be "understanding"

Regs,

Andy


UNDERSTANDING usually means after some thought we will give you a further seven days at the discounted rate.
contractor
Yeah. It is at that point that I go to the adjudicators. The signs they have put up are flimsly plastic things about the size of A4 paper tied to the post via cable ties. They even have the company name of the parking enforcers on them with time written in using black marker. Somehow I don't think these are legal; temporay signs or not!
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