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da4u
Hi,
I very rarely use my car. The last time I used the car was on Saturday 7th October 2006. The car had been parked outside door number 68. Clearly there was no notice about suspension on Saturday.

On Tuesday 10th October on arrival from work, I found I was issued this penalty notice. I was issued PCN because vehicle parked in a suspended bay/space, with code 21.

It was then I noticed a small A4 printed paper stuck on a temporary sign on a post, which was hardly visible, with parts missing.

I appealed by saying ". Are you telling me as a driver of the car, I am responsible for your temporary signs. If so, HOW often do I have to do check upon this..? WEEKLY, DAILY, HOURLY basis."

They responded by saying " It is motorist responsibility to check the bay on a daily basis"

Please Advise
Teufel
1 did they comply with their own rules ? if not the suspension
is invalid

you need to check the TMO which will give info on
the process for suspension and the requirements for signage

then ask for whether this was followed (often the formal
process for requsting the suspension is not followed)

probbaly worth going to appeal - often they fail to turn up with
all the documents and you win by default - make sure you
ask them to prove the right to suspend under the TMO and
that the process was followed

2 in any case is the suspension and notices fair ?

if they have followed the TMO it probably is fair
they usually give themselves the right to suspend at any time

howver clearly they cant just suspend in the middle of the day
and ticket everyone

key case on fairness of signage is

patas bladon v westminster

http://www.parkingandtrafficappeals.gov.uk...nts/BLAJHL2.pdf

there are specifc cases on suspensions

patas barker v kensington

http://www.parkingandtrafficappeals.gov.uk...arker-main6.pdf

each of 13 cases each turning on their specifc facts

eg barkers car removed after a suspension notice only put
up the previous day - removal was upheld as reasonable
but only because of warning leaflets being very clear
on the drivers reposnibilty to check suspensions at the satrt of each day

eg coen did not see sign although it was visible and there for a week
pcn was upheld

eg helsop - pcn struck down as suspension sign was too far away

patas thorp v croydon

http://www.parkingandtrafficappeals.gov.uk...arker-main6.pdf

so take a photo of sign and location and appeal on inadequate
signs - read all the cases first

in my council the signs are the big yellow triangles - very obvious
Teufel
also see npas L v manchester which is very similar

http://www.parking-appeals.gov.uk/about/ca...er%20MC0025.pdf
da4u
Thanks for the prompt feedback.

How will I find out if did they comply with their own rules ?

"you need to check the TMO which will give info on the process for suspension and the requirements for signage"...TMO..? How will find out this too. Please help. Many Thanks in Advance
Teufel
you will need to see the traffic managemant/regulation order
at the local council office
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