PCN for parking in a suspended disabled bay - successful appeal

[dan8]

I received a PCN on 31 August last year (2011) from Westminster City Council for parking in a suspended disabled parking bay. I appealed the PCN on 2 grounds: a) that I had telephoned the council's parking services when I saw the confusing sign about exactly which 6 metres of the bay was suspended and was told that it was the first 6 metres of a long, undivided disabled parking bay in Vincent Square, and b) that the notice sign of the suspension was non-compliant.

 

 

My case went to PATAS yesterday, 24 January 2012 and I won. The adjudicator accepted my evidence that I had been incorrectly advised by Westminster City Council's parking services advisor about exactly which 6 metres of the bay was suspended and that I had acted in reliance of the advice received by parking after the first 6 metres of the long disabled parking bay, as advised. My most crucial piece of evidence was that the suspension notice posted on the time plate beside the long disabled parking bay identified the single suspended bay by stating that it was the first 6 metres nearest to the junction of Vincent Square with Hatherley Street. The parking advisor had told me that this was the first 6 metres of the bay as one drives to it, as Vincent Square is a one way system. In fact, it was the last 6 metres of the long disabled bay that was suspended.

 

 

So, I pointed out to the adjudicator that without the council providing photographic or cartographic evidence in their response to my appeal to show precisely where Hatherley Street was located vis-a-vis Vincent Square and this long disabled parking bay, it was not possible to prove that I had committed a parking offence at all by parking where I did. The adjudicator agreed with me and allowed my appeal.

 

 

He did however, comment with suprise that Westminster City Council had not supplied a map, at the very least, to show exactly where Hatherley Street was located in relation to Vincent Square, to enable the identification of precisely which 6 metres of the long disabled parking bay was actually suspended. The adjudicator looked up the location on Google maps during my hearing and saw that Hatherley Street met Vincent Square beyond the long marked disabled parking bay. This showed him that the part of the bay that was actually suspended was the last 6 metres, rather than the first 6 metres, as advised to me.

 

 

But, he said that it was not his job to submit evidence on behalf of Westminster City Council which might support their position that a parking contravention had indeed been committed.

 

 

On the issue of non-compliance of the parking bay suspension sign, the adjudicator did not make any offical finding. He commented that he might have been persuaded to accept my evidence on this matter that the sign was non-compliant and that the council had no authorisation from the Secretary of State, as required by statute, for using a non-compliant variation of this sign. But, he said that as he had already accepted my evidence on my first point of appeal, he did not have to make a ruling on this second plank of my case.

 

 

So, my advice to anyone receiving a PCN for parking in a suspended bay is to thoroughly examine the evidence provided by the council to ensure that they have provided proof of the contravention by supplying maps and photographic evidence such as street name plates for proper identification of their position that a PCN is justified. This is the second time that I have successfully challenged a PCN on the grounds that the council have failed to identify the precise location of the contravention by not providing proof of the location by a map or photographs of the street name plate!

 

 

Hope this information helps those in similar circumstances.

Edited January 25, 2012 by citizenB
Spacing for easier reading

[sailor sam]

Nice one, well done and thanks for that.

[citizenB]

Thank you for this excellent summary and well done for successfully appealing this claim against you.

[honeybee13]

Hello there.

 

I think you did well, thank you for letting us know.

 

My best, HB

[Anishmathw]

Hi,

 

Yesterday I received a PCN for parking in Northumberland Avenue from Westminister council with intervention code 21U for 'parked wholly or partly in a suspended bay or space- mobile phone parking"

Like you did I called parking helpline they advised first 5 bays are suspended and I parked on 6th one. When I reached location I saw officer already stamped ticket and took photos. He said 5 bays suspended and he did not agree to me that I parked on 6th. Now is there any grounds where I can appeal? I have photos taken showing location of car parked. Usually parking free in these bays after 18.30, and PCN issued for me at 20.20.

Could you please help me with a template guidance for appeal ?

Many thanks.

[dan8]

Hi,

 

If you have the date and time that you called Wesminster Parking Services to ask about the suspension details and were advised that only the first 5 bays were suspended and you have photographic evidence that you parked in bay 6, then submit those as the grounds for your appeal against this PCN. The Council will then check their phone records and listen to the advice that you were given on the day by their own parking advisor and will decide whether your version of events is accurate. If they do, then they will cancel the PCN.

 

Also, you state that your PCN was issued at 2020 hrs when parking restrictions cease at 1830 hrs. That regulation and dispensation to park free after control hours is only applicable to bays that are not subject to any additional restrictions, such as in this case, a suspended bay.

 

Good luck with your appeal. If the Council reject your appeal and you can prove by the date and time supplied that you were given incorrect information by their parking advisor and that you relied upon this information to park where you did, then you may be able to pursuade the adjudicator at PATAS that you parked correctly, as advised by the Council. If you take your case for adjudication to PATAS and the adjudicator agrees that you have shown proof of your position regarding the PCN, then he is likely to rule in your favour and cancel the PCN.

 

If, however, you are not able to prove your case because the Council submit a recording of your telephone call to their parking service on the date and time that you say you phoned them and it shows that either the information you provided to their parking advisor was incorrect or that the advice received was not properly followed, then you will have to pay the full parking fine. This is rather than the reduced amount payable for the first 14 days after the PCN was issued.

 

My advice is to ask the Council to provide you with the details of your telephone call to their parking service so that you can judge for yourself whether you have grounds to appeal the PCN:jaw:.

 

Dan8

[Jamberson]

I would say call the council and get them to email or send you the photos taken by the CEO. Have a look - if part of your vehicle is in the suspended area, then the PCN will probably be enforced. If not, it should be cancelled.