First time poster and all advice appreciated.

On 24/09/2014 i was issued with a PCN outside my flat for Code 21 contravention. I had parked in a bay the previous night which had a temporary suspension from 8.30am the following morning. As i normally leave to take my children to school at this time i didn't think anything of it however after coming out my flat i noticed that the CEO was putting the ticket on my car. The ticket was issued at 8.31am.

I have done some reading on this forum regarding temporary signs and several people have made reference to the fact that these sort of signs (yellow with paper notice) are not strictly adherent with DFT guidelines. I also read somewhere that the signage has to be displayed at the start and end of the restriction area and in this case there was only one sign. Also it is one long bay which also has a disabled bay at the end but with no break.

Unfortunately as i had to get the children to school i didn't have time to take any pictures and by the time i returned home a new paper had been placed over the previous sign stating it was no longer in enforcement. However there are several pictures that the CEO took after issuing the ticket whichi believe can provide evidence of the signage being incorrect and not placed anywhere else.

I have started drafting a statement to appeal including asking for how the CEO checked the time (Calibration of the machine/his watch), if they had approval to use these signs and the rest i have described above however i am new to this so some guidance would be appreciated.

Please can someone shed some light on this to see if i am going down the right track or not.

All help greatly appreciated

Best post up the PCN and whatever council photos you have of the sign and parking bay.

Seems like one of those where the CEOs are sent in on the dot and give no leeway.
But one minute does seem a touch enthusiastic.

Thank you for responding and your help.

I have uploaded the pictures and PCN.

On one of the pictures i have arrowed where there is a secondary parking sign with no such yellow temporary restriction sign in place.

I just feel that this was predatory ticketing in that he was there before 8.30am waiting for people to fall foul of this and in fact someone was ticketed after me as he was parked next to my car however i think it would be slightly weaker on the time scale issue.

Have to admit normally i would just pay and move on with things however i really feel that this was wrongly issued.

From what you have posted the sign looks OK (i.e.the authorised one)and is shown in the photo with your car. Looks like the sign relates to that place.

Can't spot any fatal flaws as yet.

I think any reps would have to concentrate on the timing which sucks.

I would hope that the gentleman in the photo looking at the sign is you or yours which would suggest an immanent departure.

If so you could make representations that timewise the contravention is trivial (de minimis), you knew about suspension and the time it started but you were slightly delayed by the kids. Ask Council to exercise its discretion and cancel the PCN.

But hang fire to allow other members to comment.

Mick

I'm intrigued by the second sign you arrowed?
What does it say please?

On timing, I would make a very clear statement that you knew of the suspension and ensured that you left prior to 8.30 to be able to remove the vehicle before the suspension started. You therefore must query the time stated, the accuracy of the timing equipment used and given the time it takes to prepare a PCN, that the CEO may have started preparing the PCN prior to any contravention occurring.
Finish that if the council believe that the CEO time is correct, that they exercise their discretion and cancel what is at worse a minimal contravention.

Thank you for your responses.
The sign I arrowed is the standard no parking between 10 am and 12th however the reason I arrowed it as I read somewhere that the rules state that the signs have to be at the start and end of the area concerned. In this case there was only one sign so could be confusing as to where the sign applies considering there are no breaks in the parking bay all the way along. I am new to this so I may be wrong in the above assumption.

I think as you have suggested I will appeal on the time issue. Do you know of any recent cases that have been won on this basis?

Once again thank you for the time you have taken to respond I appreciate your help.

You really must appeal this all the way, as it is disgraceful, rapacious, and venal money-grubbing on the part of the council. The CEO is clearly on a heavy incentive to get the money in !

Do not discount the signage either, especially for anyone you know who may have copped a PCN nearer the second sign then you were.
But it is still a point that is valid for you assuming as the pictures seem to show that this is one parking bay.

A council has a mandatory duty to place such signs as are adequate to convey whatever restrictions are in place.
The bay markings on the road set the limits of any restriction. Pole mounted signs tell the motorist what restriction is in place.
For this bay, there seems to be two pole mounted signs, perfectly reasonable considering it is a long bay.
However, by placing a suspension sign on one pole but none on the other, they have created a bay with two different restrictions.
The converse to the duty of the council to place signs is the duty of the motorist to look for signs and comply with their instructions.
If a motorist looks at one sign and relies on that, they cannot be in contravention of the second.

Not overly strong IMO in your case where you were parked virtually next to the suspension sign but not to be brushed aside either, there is no reason why a motorist should be expected to check multiple signs or play guessing games about which applies.

Your car(the only car, apparently) was parked in a suspended bay during a period of suspension. I think you were lucky here in that it would probably have been removed soon afterwards. I don't know when the works were due to commence in the bay and I don't think the CEO deserves to be pilloried on the basis of info he didn't have. He didn't know you were going to appear immediately after he'd served the PCN, all he saw was a vehicle in contravention and no driver.

You now have the opportunity to tell the contextual info to the authority.