Suspended Parking Bay

not2badta

I recieved a parking ticket for parking in a suspended bay (although when I parked the car there was not a sign advising me of the suspension anywhere) however I filed a freedom of information request to see if my local council had applied to suspend parking in these bays and it turns out they have not, despite this they rejected my appeal saying I have to pay the fine. Does anyone know where I stand on this?

TrickyWicky

You stand in the clear. In fact if they've admitted that the bays were not suspended you could actually take this to adjusdication and possibly claim compensation on the grounds of a vexatious PCN being issued causing distress etc.

However, just because they didn't suspend the bay doesn't mean the county council or police didn't so you need to check with them too.

titch2k6

not2badta wrote: »

I recieved a parking ticket for parking in a suspended bay (although when I parked the car there was not a sign advising me of the suspension anywhere)

Did you take a photograph as evidence to prove this?

not2badta wrote: »

I filed a freedom of information request to see if my local council had applied to suspend parking in these bays and it turns out they have not, despite this they rejected my appeal saying I have to pay the fine.

I presume you sent them a copy of this request when you made the appeal?

If this is the first challenge you have made, I would follow up with a second challenge as per the challenge and appeals process. Make sure that you include the results of the request and clearly state that there was no signage to notify of this suspension (although without photographic evidence to back you up, this will be difficult to prove). If the 2nd challenge fails, then you need to appeal to the correct service for the area you live in (it is a different service for London than other parts of the UK).

If the parking area in question was in a street, try and get signed statements from shop owners with regards the lack of signage on the day in question - anything to back up your claim. The more evidence you can gather, the better your case in appeal.

Coupon-mad

not2badta wrote: »

I recieved a parking ticket for parking in a suspended bay (although when I parked the car there was not a sign advising me of the suspension anywhere) however I filed a freedom of information request to see if my local council had applied to suspend parking in these bays and it turns out they have not, despite this they rejected my appeal saying I have to pay the fine. Does anyone know where I stand on this?

You must keep your eye on the deadlines for appeal - if you made an FOI request this must have delayed matters?

You would have done better to have posted a pic of your PCN on pepipoo and a photo of the alleged suspended bay:

http://forums.pepipoo.com/index.php?showforum=30

In most cases suspended bay signs are not authorised as they have to be. So you can appeal successfully in most suspended bay cases - which is what pepipoo would have told you. I am concerned about the time you will have lost already so do post your pics on a new thread over there and get some expert advice.

not2badta

Didn't take photos at all, when I parked at 7.40am there were no signs, cones etc when I returned at 16.30 there were cones and signs everywhere and a ticket on the car issued at 1450hrs, so photos would only of been after cones were placed and not before. My first appeal was based on the fact when I parked in the morning, as I always do, there was nothing there to say I couldn't, but this was rejected as they said there were signs. So I appealed again saying I had obtained a FOI stating the council had not applied for a licence to suspend parking therefore making the suspension illegal (I hope) this too has been rejected, and if I take it further I have to appeal to an independant adjudicator

Coupon-mad

You would do better if you just post about it on pepipoo with a pic of the front & back of the PCN and all their rejection letters and the FOI response.

Please don't think twice, it's a free forum full of experts who can help you and know about the appeals system.