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FD1988
Hi guys,

First time posting here and just looking for some advice on a suspended parking bay notice...

I received a PCN after my car was left in a suspended bay for a few days. I wrote an initial dispute and from my research, I was relying upon the sign being disallowed under traffic regulations as it does not conform and as they have no received permission to use these suspension signs. A few people have commented that this has worked, however they have replied with the following:

"The suspension sign was affixed to the nearest parking plate in the bay, closest to the area to be suspended. The suspension signage comprising a yellow fluorescent sign with details of the suspension and including the “No Waiting” roundel does not have a paradigm within Traffic Signs Regulations and General Directions 2002 but is based on what limited examples are contained in the legislation, namely diagram 640.1. The suspension signage is consistent with that used by other authorities throughout London and the rest of the country and so it has not been deemed necessary to obtain separate authorisation from DFT or the Secretary of State.

Although you state your vehicle was not parked beneath the suspensions sign. The civil enforcement officer’s photographic evidence (enclosed) show that your vehicle was parked outside numbers 10 and 12; adjacent to the signage at the time the contravention occurred. Consequently as your vehicle was parked in a suspended bay, it was later relocated to outside number 13 on the same road.

I note your comments regarding temporary road markings; however there is no requirement to do so. In this instance I am satisfied that the yellow suspension signage adjacent to your vehicle was sufficiently clear to inform motorists that there was no parking where your vehicle was parked.

I must remind you that it is the driver’s responsibility to check signage before leaving the vehicle unattended."


Any advice is appreciated, thanks!
macca911
please post up PCN with details scrubbed and any other letters regarding htis
FD1988
See the reply I received below:

"Dear Mr X

Penalty Charge Notice Number: X
Vehicle Registration: X
Date Issued: 02 August 2012
Location of Contravention: X Road

I refer to your enquiry received on 02 August 2012 regarding the above Penalty Charge Notice.

The Penalty Charge Notice was issued as the vehicle was parked in a suspended bay or space or part of a bay or space.

I acknowledge your comments; however I would advise that in this instance, the area suspended was outside X,X andX Amner Road. The area was suspended on 02/08/12 to 03/08/12 for a household removal.

The suspension sign was affixed to the nearest parking plate in the bay, closest to the area to be suspended. The suspension signage comprising a yellow fluorescent sign with details of the suspension and including the “No Waiting” roundel does not have a paradigm within Traffic Signs Regulations and General Directions 2002 but is based on what limited examples are contained in the legislation, namely diagram 640.1. The suspension signage is consistent with that used by other authorities throughout London and the rest of the country and so it has not been deemed necessary to obtain separate authorisation from DFT or the Secretary of State.

Although you state your vehicle was not parked beneath the suspensions sign. The civil enforcement officer’s photographic evidence (enclosed) show that your vehicle was parked outside numbers X and X; adjacent to the signage at the time the contravention occurred. Consequently as your vehicle was parked in a suspended bay, it was later relocated to outside number X on the same road.

I note your comments regarding temporary road markings; however there is no requirement to do so. In this instance I am satisfied that the yellow suspension signage adjacent to your vehicle was sufficiently clear to inform motorists that there was no parking where your vehicle was parked.

I must remind you that it is the driver’s responsibility to check signage before leaving the vehicle unattended.

Given the above, I am satisfied that the PCN was correctly issued and regrettably, you have not established sufficient grounds for cancellation of this penalty charge. As your enquiry was received within the discount period the amount of £55.00, will be accepted if payment is received within 14 days of the date of this letter.

To make a credit or debit card payment please call our 24 hour automated payment line on 0845 130 5758 or pay online by visiting www.wandsworth.gov.uk/parking/payment."



And the PCN is attached:
[PCN
SchoolRunMum
I can't get that PCN link to work at all. Can you show the pics (front and back!) directly in a reply please so we can see it, not on a link.

Also that cannot be the whole reply. There must be something about appealing further? That's why we prefer to see a photo of the letter, so we can see what's missing or mis-stated.

bama
QUOTE
and so it has not been deemed necessary to obtain separate authorisation from DFT or the Secretary of State


what are they on !!!
Is there a signature on that letter ?

they can't 'deem' such things (not that 'deem' means much).
contact the DfT (in writing, e-mail will do) re any special auth signs for the LA. ask for the all such authorisations plus the diagrams. that will provide you confirming evidence that the sign is unauthorised.
Bogsy
A traffic sign must be either prescribed by regulations or formally approved by the Sec of State. It appears that the council's sign is neither of these. If the sign has no validity then the PCN has no validity unless you are unfortunate enough to get an adjudicator that re-invents the law.
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