Ticket in suspended bay

[not2badta]

Last week I recieved a ticket for parking in a suspended parking bay. When I parked, there was a car pulling out of the space and I parked after him, I did not see any cones or indeed any signs advising about the suspended bays but upon my return after work I had a ticket for parking in a suspended bay. I appealed but the council (Cheltenham Borough) rejected it saying the signs and cones were put out the day before. The photos of the car with and without the ticket on it do show several cones around it but while there is also a sign on a tree nearby with the suspension notice on it the sign is first on a tree set behind the footpath the next photo shows the sign on the tree directly behind my car and another photo (showing the rear of the car) shows the same tree with no sign on it! ( its a small tree with a wire frame around it so you can see where the sign should be from front and back) I believe they have turned up that day and placed the restriction whilst my car was already parked. Any suggestions please

[Bazooka Boo]

Appeal again.

[not2badta]

I am going to. I have applied to the dft to see if they have applied for the suspension etc, if they haven't got the approved application then happy days, but the photos of my car with the tree in the background and in the case of the rear of car, the foreground clearly show the small tree with the wire cage around it has not got a sign on it but then the photo of just the suspended parking notice, the sign is fixed to the wire around the tree.

[Jamberson]

It has to be signed properly, obviously. Your two photos with and without the sign should be enough to get a judgment at adjudication.

 

Meantime, you could write to the council and request details of the dates the signs were erected. They should supply this.

 

If they say in writing, sign went up on 16th, and there is their own photo with no sign on 17th, then it's appeared by the time the next photo was taken - what would you rule if you were adjudicating? I know what I would think!

[Jamberson]

BTW - you know the correct process for appealing, right?

 

Wait for a Notice to Owner to be sent to you, then appeal again in writing. If they say no, their letter will include details of how to go to adjudication, which you initiate at that stage.

[not2badta]

I appealed and they turned it down, I did not mention the photos but I did say that there were no signs or cones etc, in the letter rejecting my claim they said

 

"If the formal representations to the notice to owner are rejected, the registered owner of the vehicle has the right to appeal to an independant parking adjudicator but not until formal representations have been made to the council following the issue of the notice to owner and subsequently rejected"

 

Does this mean I need to appeal again or do I need to contact the independant adjudicator? They have not given any details on how I do this.

[Jamberson]

That was quick, if you only got the PCN last week!

 

What they are saying is basically the same as I said. Sit tight until you get a Notice to Owner. Then appeal again - this is the formal representation stage. Adjudication is only an option if you make a formal representation and it is rejected - so that's down the line.