PCN Code 21 Bay Suspension **WON CANCELLED**

[alwaystheway]

Hi everyone, hope someone may be able to help.

 

On Thursday 20th July around 11pm we parked in a bay, alongside a few other cars.

(We have parked before so were aware of the bay regulations 9-5 Mon-Fri 4 hr no return 4 hr).

Part of the bay was cordoned off with red barriers, but no barriers where we parked.

 

On Friday morning at 8.30am returned to car to find a PCN with code 21 (observed 8:06am-8:08am).

Looked for a sign only to find one partially obscured by branches from a tree and attached to a lamp post not the existing parking regulation sign, was attached with cable ties and had twisted round slightly and therefore was clearly visible in the dark.

 

On inspection of the sign it states that 'bays o/s 47-49 Addington St' are affected, I'm going to assume that o/s means outside.

 

The erected red barriers are outside of those flat numbers numbers and we were parked further along the bay in front of a wall to a car park.

 

Can anyone help as to whether we have a good case for appeal against this PCN.

 

Can't seem to attach any photos.

 

Many thanks.

Edited July 25, 2018 by dx100uk
spacing

[Michael Browne]

Can't seem to attach any photos.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?431533-How-to-Upload-Documents-Images-as-PDF-on-CAG-Immediately-(you-do-not-need-10-posts)

[alwaystheway]

Thank you Michael Browne.

 

 

here

pix .pdf

Edited July 25, 2018 by dx100uk
16Mb of JPG's merged to one <3Mb pdf

[Michael Browne]

What do council pics show. Enter details here to see if they're on-line:

 

 

 

https://www.thanet.gov.uk/info-pages/pay-or-appeal-your-parking-fine/

 

 

KCC do not seem to have DoT authorisation for that suspension sign. Not listed here:

http://www.dft.gov.uk/traffic-auths/?search=Kent+County+Council

 

 

It's clear you were parked beyond the boundary of the flats, the barriers make it virtually impossible to park outside 47-49 (although the no waiting cones really don't help your case)

 

 

I would certainly challenge on the grounds that the contravention did not occur, that you were not parked outside 47-49 and therefore the section of bay you parked in was not subject to the suspension notice.

[Michael Browne]

The council may try to say that the bay is one continuos bay and so sign applies to whole bay. In which case why does the sign say 'Bays'

[alwaystheway]

Hi Michael, thank you again.

Bear in mind my photos were obviously taken the following day and indeed their photo was taken the morning after I had parked.

 

The cones were not there when we parked and you can see the majority are up by the barriers.

The area has been used as storage for virgin works in the area.

 

Does it mean then that every time they want permission to suspend bays they need to list it on the link you provided and request permission from DfT?

 

Do I go with the 'bays' argument then?

 

can I comment that its not listed? and how about it being under the branches although by their image you wouldn't think it?

Regards

pix2.pdf

Edited July 25, 2018 by dx100uk
pix put to pdf

[DragonFly1967]

Alwaystheway. I've redacted your pictures for you. You'd covered the registration on the vehicle but left it visible on the top left of the images

[alwaystheway]

Alwaystheway. I've redacted your pictures for you. You'd covered the registration on the vehicle but left it visible on the top left of the images

 

Thank you DragonFly 1967...… Good job someone's on the ball!!

[Michael Browne]

Does it mean then that every time they want permission to suspend bays they need to list it on the link you provided and request permission from DfT?

No, the Traffic Signs Manual does not have a suspension sign, so suspension signs are non-authorised unless the council obtains prior authorisation

for a particular design. Such as Hertsmere here (3rd one down)

http://www.dft.gov.uk/traffic-auths/

[Michael Browne]

Amend this as you like:

 

 

Dear Sirs,

 

PCN No:XXXX

 

I challenge the above PCN on the grounds that the contravention, Parked wholly or partly in a suspended bay or space, did not occur

 

On 20th July I parked in a parking bay on Addington St at 11pm, outside of the restricted hours. There was no suspension sign visible.

 

On finding a PCN on my return to the vehicle at 8.30 the following norning, I eventually found a suspension sign hidden under an overhanging tree.

 

Even in daylight the sign could not be obviously seen.

 

The sign lists the location of the suspension as "Bays o/s 47-49 Addington St". I was not parked there. but further down the road beyond the boundary of 49 Addington St, opposite the wall of the Poundstretcher/Pethut carpark.

 

This can be ascertained from the council's own photographs.

 

Therefore the contravention, as alleged, did not occur and I request that the PCN be cancelled.

 

Should the council refuse my challenge, I request that the council show documentary evidence that their suspension sign have Department of Transport approval.

[alwaystheway]

Wow Thank you Michael, that's very kind of you.

 

Hopefully they won't refuse the challenge otherwise I'll be needing your help with all the signage information.

 

I will keep you informed of the outcome and thank you again.

Edited July 25, 2018 by dx100uk
quote

[dx100uk]

converted your 2 pix uploads to pdf

[alwaystheway]

Many thanks Michael.

 

Received notification today that the ticket has been cancelled!

 

Thank you so much for your help.

Edited August 8, 2018 by dx100uk
quote

[dx100uk]

thread title updated to reflect your win

 

please consider donating to keep us here

[Michael Browne]

Good result, nice to see a council using a bit of common sense for a change