Should I challenge this,

[Panita]

Can anyone help me decide whether to challenge this ticket?

I was issued the PCN for being parked in a suspended bay/space last October.

I have a valid resident parking permit but the resident parking bay had been suspended from Oct 9 until Oct 24 to allow for waterworks in the road. The mains were being replaced in the whole area and most of the road was suspended at one point.

Although the suspension notice ran until October 24, the works were completed and all barriers were removed from the site on October 14. The PCN was issued on October 16.

After having specifically checked (verbally) with the contractors that the work was completed and told that I could resume using the parking area, myself and a number of other residents resumed parking in the bays.

I sent the photo below (which shows the contractors looking on) and the above explanation to an informal challenge.

The council replied saying basically "tough" and informing me that completed road works and their safety need to be checked by the council before the suspension is lifted. (something that I doubt actually happens)

In addition to the injustice of the ticket there was big delay to a replay to the informal challenge. The dates are:

October 16 - PCN issued
October 17 - Informal challenge emailed
January 21 - Notice to Owner received erroneously due to pending challenge
February 4 - Reminded council of pending challenge
March 16 - Challenge rejected



Thanks for your help,

[buzby]

I have found that irrespective of the state of the works being undertaken, the Councils' powers to suspend parking etc takes precedence - EVEN IF THE PROPOSED WORKS NEVER COMMENCE! I know where you're coming from and completely agree as a RPP holder you wanted to get back to normality after the works completion - and to be fair, their clerk of works will have to 'sign off' that the work has been completed and the road or pathway reinstated to the required standard... which they cannot do if the cards have parked on the tarmac before it has cooled (as it were).

I cannot see how you can successfully challenge this at all, unless there can be found any error with the original application for the suspension (based on date, location etc). I was caught in a similar situation - the works never started due to another emergency nearby (unsafe building) meaning the work had to be postponed, but the suspension orders remained valid.

[Panita]

I appreciate your prompt reply, very helpful.

It confirms my gut feeling on this that, in the end, legal chapter and verse, rather that a principle of fairness, would allow the council to defeat a challenge.

I agree the council has a point on checking the work, although it had been completed two days previously to the PCN and barriers removed that day. Is there no obligation on the contractors to leave the barriers in place until the work has been checked?

Indeed, I had actually assumed the work had been checked when the barriers were taken down and the road swept just hours before I resumed parking there and PCN was issued.

Just one of those really annoying, unfair, unjust example of how parking laws can sometimes be. In hindsight I should have just taken down the suspension notice myself after the barriers were cleared.

[pin1onu]

Originally Posted by buzby

I cannot see how you can successfully challenge this at all

While you may not be able to challenge the suspension order there is a chance of getting off on a technicality if the paperwork is compliant or the correct process is not followed.

I'm pretty certain that they shouldn't have issued with an NTO while informal representations were being considered. It would be good if you could scan and post both sides of the PCN (with identifying details removed) so that it can be checked for validity. Also if you could do the same for the NTO as well.

[buzby]

True - check all the ticket parts carefully for a technical breach... I spoke with my local council on this, to ask their take on it. They said that in streets which were covered by RPPs if there was an early finish or a no-start, a call to their roads department would permit a re-avaluation and the possibility of the lifting of the restrictions immediately (notified by an amendment to the suspension signage). Useful to know in the future!

[Panita]

Thanks again Buzby for your help and finding out more from you council.

As I'm at work, I'm not sure I have the time to scan the ticket and NTO. They are from Haringey council London, both seem to OK, PCN has date of notice and date/time of contravention.

The PCN address, Reg No. and contravention description seem ok. On the timing the PCN says.

"A penalty charge of £100 is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice. If it is paid before the end of the period of 14 days beginning with the date of this notice the amount payable is reduced to £50. "

I realise that the NTO was issued to me erroneously as the council had big delays in processing and replying to the informal challenges. They told me to ignore the NTO anyway. So I had to wait from October 17, 2007 until March 16 for a rejection but I think they have 6 months right?