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Full Version: Mis-read a bay suspended sign (Camden - Parker Street)
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thisisntfair
I'm genuinely gutted for mis-reading the attached suspension sign. Click to view attachment
It was in the morning rushing to work and I read it as "Opposite 40-42 Newton Street". I even wondered why this suspension sign was placed by this bay as the bay I was in was in fact on Parker Street. In my rush, I didn't register the 'Parker Street' bit which is in a larger text.

There is another bay on the perpendicular Newton Street (but not in the suspended range). This had recently been converted from a motorcycle bay to a 'Cycle Hire' bay. I considered moving my bike to this bay upon seeing the yellow sign to be on the safe side, but decided against it as the writing by the bay now said 'Cycle hire only'. There were a few motorbikes and scooters parked in this Cycle Hire bay - none of them were given tickets.

I contested the PCN with the following reasons:
QUOTE (me)
- The sign is not clear. It appears that the sign says parking is suspended opposite 40-42 Newton Street because of the differing font sizes used which are misleading. I was puzzled as to why this parking suspension was placed on Parker Street. Another scooter was parking at the same time (whom I asked for his interpretation which was the same as mine) and there were already several scooters parked in the bay where my motorcycle was parked suggesting that they too felt the suspension was not applicable to this space.

- There is only one nearby parking bay, on Newton street, which was previously a motorcycle bay and now says 'Cycle Hire'. This implies that it is illegal for vehicles to park here and so my motorcycle was not parked in this bay. When I came back however, none of the motorcycles/2-wheelers in this bay had been given tickets despite being parked illegally. All of those next to me however had been ticketed - clearly I was not the only one for whom the suspension sign was not clear.

- Having read the guidelines for parking suspension signs issued to Camden Council by the Secretary of State for Transport on 4th November 2011, it appears to me that the parking suspended sign does not conform to the format in this document and that it can not be used as the basis for a fine.

- Please note that since 19th of August, I have parked my motorcycle much farther away to avoid the confusion caused by Camden Council's incorrect enforcement. Please clarify whether it is legal for motorcycles to be parked in the bay that is now marked 'Cycle Hire' on Newton Street.

- Please also look at parking suspension signs put up by Westminster Council. You will note that they are far clearer and in particular, list the type of bay that is suspended to avoid any confusion.

- If after considering this challenge the potential fine is not cancelled, please let me know what the next steps are for an independent party to review this matter. I genuinely did not intend to park in a bay where it was not allowed and had the signage been clearer, I would not have done so.


The reply I got looks like they didn't even read my reasons:
QUOTE (Camden Representative)
I understand from your letter you are contesting the Penalty Charge Notice because you have explained that you did not see the suspension signage at the time you parked your vehicle but have decided to enforce the Notice.


I have examined the Civil Enforcement Officer's notes, made at the time of the contravention, and they indicate that your vehicle was parked within reasonable distance of a time-plate indicating that the bay in question was suspended between 19/08/2013 to 23/08/2013. The bay was suspended for footway work, and the council has a duty to keep the bays clear. Parking is not permitted in suspended bays, and as I believe the signage was clear.

You have explained that you did not see the sign, but it is the drivers responsibility to check the location for any temporary signage before the leaving the vehicle The Council of course has a duty to make motorists aware of any parking restrictions that are in operation on street. This is done so by way of street signs and road markings and in the case of suspensions, by way of advance warning notices (which are large, yellow, three dimensional signs). Hereafter, the onus is placed firmly on the driver to take responsibility for where they park and thus, if their vehicle is parked in contravention it will be liable for enforcement action.

I include photographs below

Given the above I am satisfied a contravention occurred. I have reset the discount charge for 14 days from the date of this letter and will accept payment of £65.00 in settlement if received during that time. After this period the charge will revert to £130.00.

You can pay this charge online at www.camden.gov.uk/pay or you can contact our 24 hour automated payment line on 020 7974 6104. Payment can also be made by cheque and sent to the address above, cheques should be made payable to Camden PT and ensure that the above CU number is written on the back of the cheque. If using this method you need to take into account that it is reliant on the postal service and could result in your payment being processed late.

If you choose not to make payment, we will send the registered keeper of the vehicle a Notice to Owner. This statutory document explains the grounds on which the registered keeper of the vehicle can make formal representations against the issuing of the Penalty Charge Notice. I must make clear that the discount period for payment will have expired by the time a Notice to Owner is issued, and the charge will have reverted to the £130.00.

Please also be advised that if the council does reject any formal representations that are made by the registered keeper of the vehicle the registered keeper will have the option of appealing to the Parking And Traffic Appeals Service who are an independent adjudication service.

Yours sincerely...



Is it worth fighting and is that suspended bay sign legal with the differing font sizes?
SchoolRunMum
They didn't read your appeal, they always use template replies. Pretty much always worth fighting on and of course they were always going to reject the first challenge (99% of the time).

Nothing has changed; you had a case and you still have that case that you are at liberty to pursue further on an all or nothing basis (no discount in play later of course). Please show us the front & back of the PCN just to check there's nowt wrong with that.

swivel
yep, you'd likely win an appeal on failure to consider. also... the signs directs you to buildings across the street to figure out where the suspended area is? they're not allowed to put signs anywhere but inside the bay but they expect you to cross the street to read building numbers?
Bogsy
Was the traffic sign for the parking place covered or left wholly visible?
thisisntfair
Thanks all for the replies. I will post up the PCN tomorrow.

QUOTE (swivel @ Fri, 6 Sep 2013 - 21:09) *
yep, you'd likely win an appeal on failure to consider. also... the signs directs you to buildings across the street to figure out where the suspended area is? they're not allowed to put signs anywhere but inside the bay but they expect you to cross the street to read building numbers?


Swivel, yes the numbers (40-42) were on the other side of the street. Would I really win an appeal on the basis of the council not even reading my reasons and replying with a template response? Can you point me to any examples where this has happened?

Thanks again.

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