PCN for suspended bay applied AFTER I had parked my car

845H

A little guidance please.

So I have lived on my road for over 25 years, always had a permit, always tax/insured blah blah blah. I dont drive that often so my car will often be parked on my road or the next road opposite. I commute to work either by bike or train and not really in the habit of "checking" my car. It can be a busy road because it connects directly onto Walthamstow market. Parking spots are hard to get, especially as you get closer to the market.

Anyway

Last year I took the family out on Sunday the 12th October and parked on the road oppposite and left my car there as usual, nothing untoward. I've left it for about 1.5 weeks without checking it and on Tuesday October 21st I contract flu and am knocked out until Friday 24th. I check my car again on 24th randomly and I've got a PCN.

Whats happened is that Waltham Forest Council made, where I parked, a suspended bay and put up signs AFTER I had parked my car. There were no letters in the post.

I have appealed twice and been rejected both times so now am making a final appeal to the independant adjuticator.

One of the things I have noted is that the council have stated that "It is the motorists responsibility to check regularly for any restrictions"

Is this true? Does everyone does this and I'm just ignorant? How often are we meant to check our cars? Doesnt the council have to give forwarning in the form of a letter or knock on doors? Do the CEOs need to make a note of who is already parked at the time of them putting up road signage?

Any help is much appreciated as, to my knowledge, I have no physical evidence to provide the adjuticator and I'm worried its just my word against the councils.

Gr1pr

As its council, try the FTLA website

https://forums.moneysavingexpert.com/discussion/6652768/tfl-pcn-while-doing-amazon-flex

Le_Kirk

Since we concentrate on parking charge notices from unregulated private parking companies, you would be better off taking this over to our friends on https://ftla.uk (the forum started to replace Pepipoo), as they are the experts on council and police issues.
You will need register before reading the FAQs, then posting both sides of your PCN with your query.
Council
https://www.ftla.uk/civil-penalty-charge-notices-%28councils-tfl-and-so-on%29/

845H

oh goodness grascious!

sorry chaps!

Nellymoser

Similar story to yours in this media article

https://www.thesun.co.uk/news/37585551/driver-fined-council-paints-disabled-bay-car/

Car1980

There are no hard and fast rules but the council are right to say it's the motorist's responsibility to check regularly. They can't halt roadworks because someone has left gone on holiday for a month.

It's up to the Adjudicator to decide the time period really. A week?

If you can come up with some evidence of illness it would probably help. But from the council's point of view leaving a car for 1.5 weeks in a marked bay is probably excessive because the motorist should know bays can be suspended. It's different from leaving a car on an unmarked stretch of carriageway.

845H

I take your point but I should also add that our resident parking spaces have been halved (nearly all one side of the opposite side of our road) for nearly a year making nearby parking spaces even more rare.

Do you think the adjuticator might see my side of the story?

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/81871659#Comment_81871659

We really have virtually zero knowledge of the work (or opinions) of Adjudicators because we do not get involved in any council ticket-related casework. But there really are some very experienced experts on FTLA.

kryten3000

In addition to FTLA, you may wish to try contacting MrMustard: https://lbbspending.blogspot.com/

He's a specialist in dealing with Charges from London Boroughs.