Thread: Parking ticket received - help needed

Hi,

I received a parking ticket on my car this morning issued by a enforcement officer in a street I have used many times over the last year, I have been working nights and restrictions finish in this area at 18:30 until 08:30, so I parked there at 18:40 in the belief that all was ok, at 01:32am I received the ticket stating that I was in a suspended bay so pay up £120 or pay within 14 days and the cost will only be £60, having looked at the post which was not near to where I was parked was a very small sign saying that the bays have been suspended for a film crew 15/11 - 22/11 (not seen them all week especially at 1:30 in the morning), do I have any grounds to appeal against this fine, taking into account I parked up when it was dark and the signs were too small and not clearly visable and should the bays have been cordoned off to prevent parking, I was not the only car parked up as others got tickets as well?

Thanks

Gooner15

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Surely if they suspend the bay, the suspension is only effective at the times the bays would be effective anyway, or is that too sensible?

Thanks Crem

That is a good point, maybe somebody in the forum may know if there is a set time period or can a company be aloud to pay the Council (City of London) 24 hours per day parking during the period upto 22/11, the sign had no times to or from?

Gooner15

ADJUDICATOR'S DECISION
Miss xxxxxxxx -v- London Borough of Croydon
Parking Appeal xxxxxxxx
Penalty Charge Notice xxxxxxxx
Contravention: Parked in a suspended bay/space or part of bay/space
A pcn was issued to xxxxxxxx car at 11.12pm, well outside the "permitted
hours" of operation of this parking space. She has always protested that no signs were
visible to show that this parking space was suspended. I am asked to consider as a
matter of principle whether the PCN could be properly issued at this time, and in
making my decision I will assume that the suspension signs were in fact properly
displayed.
I have had the benefit of seeing the full TMO. The definition of "parking space" is not
limited by time, so once an area of highway is so designated, it remains such 24 hours
a day. Most of the provisions refer to requirements to pay for waiting during
"permitted hours". It is notable however that Regulation 23, which provides for
suspension of parking places "whenever...necessary " for various purposes, and
prohibits waiting in a suspended parking place, contains no express limitation of time.
I find that in these circumstances, a contravention can occur at any time, provided the
suspension is properly signed to indicate a 24 hour prohibition on waiting.

Thanks Green and Mean,
I have emailed the Council to confirm if the filming application was required for the full 24 hour duration and to clarify what time the suspension ended on the 22/11, looks like I will have to pay or hope the Council have a heart, what I have now been told is that all the bays were coned off on the 15th and removed on 16th.

Thanks

Gooner15

It may be worth pursuing whether you believed the suspension was UNTIL the 22/11 or INCLUDING 22/11 if the sign doesn't specifically state which.

Originally Posted by green_and_mean

ADJUDICATOR'S DECISION
Miss xxxxxxxx -v- London Borough of Croydon
Parking Appeal xxxxxxxx
Penalty Charge Notice xxxxxxxx
Contravention: Parked in a suspended bay/space or part of bay/space
A pcn was issued to xxxxxxxx car at 11.12pm, well outside the "permitted
hours" of operation of this parking space. She has always protested that no signs were
visible to show that this parking space was suspended. I am asked to consider as a
matter of principle whether the PCN could be properly issued at this time, and in
making my decision I will assume that the suspension signs were in fact properly
displayed.
I have had the benefit of seeing the full TMO. The definition of "parking space" is not
limited by time, so once an area of highway is so designated, it remains such 24 hours
a day. Most of the provisions refer to requirements to pay for waiting during
"permitted hours". It is notable however that Regulation 23, which provides for
suspension of parking places "whenever...necessary " for various purposes, and
prohibits waiting in a suspended parking place, contains no express limitation of time.
I find that in these circumstances, a contravention can occur at any time, provided the
suspension is properly signed to indicate a 24 hour prohibition on waiting.

Thanks for editing my post!! What is the point of editing something that is in the public domain as all adjudications are? The whole point of a key case is that it can be later quoted. I cannot see the point in going to the adjudicator and saying there was once a case between miss xxx and an un-named council on this point on an unspecified date regarding pcn xxxxxxx and it ruled in the motorists favour, they will just laugh. If a case is yet to be ruled on by all means delete the PCN details but I'm sure miss Thorpe or should I say miss xxxxxxx will not mind the details being used on here since they are allready on the PATAS site and have been since 1998!!