Hi all, can anyone recommend who I should structure a PCN appeal given this situation?

One half of the road (where I usually park) had its resident parking suspended temporarily for works, so on Friday I parked on the other end of the road. Having returned to my car for the first time today they have re-opened the usual half and suspended the half I was parked in. Because I hadn't been to my car in 4.5 days I had no idea they had moved the parking suspension.

My partner and I are absolutely certain there were no suspension signs where they are now currently - we made a point of looking to check both halves weren't suspended. All they have done is taken down the suspension signs on Friday from the first half, sellotaped a new piece of paper on them and stuck them to posts on the other half of the road (I have a photo to prove it).

We live in East London, so we have to park 250m away from the apartment to get a residents bay. We don't check on the car and the availability of the bays daily - that would be nuts.

1. How can I structure an appeal to say that I was parked there before the parking suspension signs were even put up?

2. How much notice does the council have to give its residents before suspending parking?

Thanks in advance for any advice and support!

H We don't check on the car and the availability of the bays daily - that would be nuts.

 

Sadly that is the position of my East London council. It is your responsibility to check every day for changes in parking restrictions.

Hi Ethel, thanks for replying.

So what if you're on holiday for 2 weeks, away for work or laid up in hospital? Is it quite literally a written and enforceable rule that we're automatically agreeing to, that we check the car every day?

Quick update, found the T&C... Can't link as I don't have 10 posts. Borough is Newham.

27: The council will usually warn you if on street parking is going to be disrupted or

suspended, although this is not always possible. In such circumstances, warning notices will

normally be put up 48 hours in advance at the relevant parking bays.

Emergency suspensions may be introduced at any time of day. Please ensure your

vehicle is not parked in a place where parking has been suspended, as you may be

issued with a penalty charge notice and your vehicle may be removed.

They never mention checking the bays or the car daily - they just mention 48 hours notice. Thoughts?

Hi.

You can post up images and so on if you read our upload guide, no need for 10 posts normally.

HB

They should have noted the vehicles which were already there when the signs went up. In which case, it's possible they will just cancel the PCN if you write an appeal. There isn't anything else you can realistically do anyway, so I would just write a short, polite appeal saying that and see what they come back with.

Hi Ethel, thanks for replying.

 

So what if you're on holiday for 2 weeks, away for work or laid up in hospital? Is it quite literally a written and enforceable rule that we're automatically agreeing to, that we check the car every day?

We're not required to agree with the council's rules before they can issue a PCN!

The council's response to a neighbour who got a PCN while away on holiday was "it is your responsibility to ensure that your vehicle is not parked in a suspended bay". The only way to ensure that would be to check every day. The council wasn't willing to engage in a discussion with my neighbour about whether that was reasonable or how you expected to do it in the sorts of cases you mention. I guess if you could prove you were taken into hospital in an emergency they'd probably use their discretion to cancel the PCN.

If your neighbour had taken it to Tribunal, in all probability it would have been cancelled.

Agree with Glik. I expect a cancellation in these circumstances, but if they won't it can be fought.

there are other similar cases on this forum you can quote as being persuasive. The appeals bodies like to be consistnat even if the council doesnt care so worth looking them up and using them.

Normally when you get a parking permit (unless a virtual one) the letter arriving with it either separately or attached usually tells you about checking daily. If this is not practical then get a neighbour or someone to check for you. Cars are an emotive issue however just imagine your car getting vandalised or stolen and what the insurance company (or Police) would say if you offered a defence of 'I've been on holiday for two weeks'? Having found out the hard way myself, I always check 'my pride and joy' is okay, probably way too often.

Dependant on the council they either remove, relocate or simply ticket a vehicle in a suspended bay. Can you imagine the upset if your car is left and your neighbour is having works done on their property or have a removal vehicle when they've paid the council to suspend a bay and it cannot happen because of you? Now put yourself into their shoes and what your own reaction would be if it happens to you?