PCN for suspended bay parking

[TTM]

Greetings, I new to the forum. Some advice is really appreciated on the subject.

 

I recieved a PCN for a suspended bay parking at parking bay F45 at Finsbury Circus in London. This is on Sunday and parking is supposed to be free. The notice/sign stated parking bay F45, but it was errected behind parking bay F44. Why can't the sign be hanged directly behind parking bay F45? There is enough "fence" to hang it directly behind parking bay F45.

 

My suspision is that the suspended bay could be F44 previously. So someone wanted to suspend F45 instead and never relocate the sign. well maybe...

 

This is not the usual parallel curbside parking where signs need to be errected at metal street post which could be some distance from the intended parking lot or lots.

 

I was wondering if I stand any chance of an appeal and what angle should I draft this appeal letter.

 

Hope to hear from some good souls here.

 

some pics attached.

 

Thanks!

 

Jeremy

[honeybee13]

Hello there and welcome to CAG.

 

I expect the guys will be along when they are able to get onto the forum. They should be able to advise you what to do.

 

My best, HB

[Jamberson]

What is the fence like behind bay 45? Is it exactly the same, accessible, visible etc?

[crem]

The yellow sign for the suspension looks to be a perminant type sign that simply has the bay or bays that are suspended on this occasion written in with marker pen. The fact that it happened to be just in the next bay to the suspended one may be just co-incidence. i.e. I think if it had been F40 that was suspended it would be written on the same sign. Equally it may have said F40 - F43 if it was a multiple bay suspension.

[HYMN AND MI]

Would be worth checking the temporary order with this: http://www.legislation.gov.uk/uksi/1992/1215/regulation/3/made

[green_and_mean]

Would be worth checking the temporary order with this: http://www.legislation.gov.uk/uksi/1992/1215/regulation/3/made

 

A temporary traffic order is generally not required for a bay as they usually have the authority to suspend parking in the original TMO, temporary orders are mainly to restrict parking where there is normally no restriction.

[TTM]

What is the fence like behind bay 45? Is it exactly the same, accessible, visible etc?

 

yes, its identical and runs along the entire parking bays.

[TTM]

crem thanks. if that's the case, it would suggest that I would not have grounds for appeal.

[TTM]

Would be worth checking the temporary order with this:

 

noted. did I miss something because nothing was said about how such notice should be placed/hanged.

[Jamberson]

yes, its identical and runs along the entire parking bays.

 

In that case, I think there is a case for arguing that the signage is not adequate. One would not normally check another bay to see if the one they are actually using is suspended. There is nothing apparently to stop them signing next to the bay which is suspended.

 

I take Crem's point that the sign may be a permanent one, but nevertheless, if they elect to use a system like that to sign suspensions, than that's for their own convenience and does not necessarily meet the requirement for clear signage.

[TTM]

Point taken Jamberson, thanks. Worth a shot appealing. Hopefully there's no written code stating the wardens can post signs up anywhere as they deem fit.

[Jamberson]

They have to do what is reasonable - for example they can't be expected to put a lamppost up in order to hang a sign there. But in this case, I can't see why it's not reasonable to fix a sign to the fence by the bay - they may have an answer of course, but if it's just for convenience's sake, that seems to be not a good enough reason, if the consequent signage is unclear (which in my view, it is).

[HYMN AND MI]

What code is on the PCN?

[TTM]

what code is on the pcn?

 

cl6

[Jamberson]

Hang on! Code 16 is for permits, isn't it? This is a pay & display bay - so it should be code 06.

 

Is it definitely C16 and not 06? Does the description next to the code say permits, or pay & display?

[TTM]

Hang on! Code 16 is for permits, isn't it? This is a pay & display bay - so it should be code 06.

 

Is it definitely C16 and not 06? Does the description next to the code say permits, or pay & display?

 

Sorry my bad. Its contravention code 21 on the PCN slip. Pay and display bay as the ticket dispenser was just round the corner. I thought HYMN was refering to the first 3 letters of the PCN which was CL6.

[Jamberson]

21 is for a suspended bay, so seems to be correct.

[HYMN AND MI]

Unfortunately!

[Jamberson]

There's still the original issue to pursue though - the placing of the sign making the situation unclear.