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Another PCN! Contravention code 21 with pictures


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Hi all,

 

Ive been issued with a PCN because of contravention code 21 - parking in suspension bay. Anything wrong with the sign below?? All I can think of is the sign says "OPP" instead of opposite?? Is that enough to appeal?? How should i word my PCN appeal letter. Please help.

 

Many thanks

 

IMAG0175.jpg

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In addition to the above case you can argue that the suspension is not correctly signed, the bays are not 24 hours they are 8.30 - 6.30 so the signage should clearly state the restriction is 24hrs it does state 'enforced 24hrs' but that doesn't state when its actually restricted, in addition I beleive the actual car club bays are not suspended 24 hrs causing confusion as the bays are next to each other and the signs look the same.

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What is interesting (to me) about that case G&M is that the adjudicator has cited Davies v Heatley;

 

the fact that a sign is clear does not make it correct (see, for example, Davies v Heatley [1971] RTR 145)

 

He earlier referred to the de minimis principle

 

The only way in which this sign could conceivably be saved is by the application of the de minimis principle. No doubt the Council would urge me to do so, but in my view this is not an appropriate case. This is not an instance of some minor error in the size or capitalisation of the letters, or the border of the sign, or even of a single misplaced word.

 

These two point give us quite a good steer on anticipating de minimis arguments and the likely thinking of Adjudicators.

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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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