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Council PCN Suspended bay - obscured by trees
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vikitoriah
Posts: 1 Newbie
Please help!
I park my car in a road near my house and it doesn't tend to be used during the week, so more than a week can go by without me using my car. I went to use it and found to my horror that I had two PCN's on my car over two consecutive days, due to a parking bay suspension that had been enforced for that week. I noticed that the only notice for this suspension was in the bay I was parked in (which was the length of around 4 cars), with my car being right on the end, and the notice was completely obstructed my trees from where my car was. There was no notice when entering the road.
I informally challenged this with Lambeth Council, stating that there was no way of me knowing about this suspension bar the tiny notice on the pole which was obstructed by trees (I sent a picture of this from the viewpoint of where my vehicle was and it is clear you cannot see the notice) and that there was no way of me seeing this unless I knew to look for it. My understanding is that councils must provide clear signs on each and every road entering an area, which was not the case. The only notice was in the bay, which was hidden.
They have since responded to me ignoring essentially everything I said, simply saying there were yellow signs in the bay and that their suspension log shows that my vehicle was not in the bay when the suspension was put in place (which I never suggested), and that they put up a warning sign in that bay before enforcing it (which again I never said they didn't). They made no reference to there being no signage entering the road nor the fact that it was hidden by trees as per the supporting picture I had sent - they simply sent me their own photographs from a 'convenient' angle for them.
My understanding is to formally appeal I now just need to wait for the notice to owner form to arrive. However, my concern is that if I do not 'win' the appeal, my 50% discount will no longer be valid as it will exceed the 14 days of which I have to pay to be eligible for discount (my current 2 tickets discounted would be £130 but would then become £260).
My question is this - do I have a good chance in winning this given it is not a private company issuing the fine but the Council?
I park my car in a road near my house and it doesn't tend to be used during the week, so more than a week can go by without me using my car. I went to use it and found to my horror that I had two PCN's on my car over two consecutive days, due to a parking bay suspension that had been enforced for that week. I noticed that the only notice for this suspension was in the bay I was parked in (which was the length of around 4 cars), with my car being right on the end, and the notice was completely obstructed my trees from where my car was. There was no notice when entering the road.
I informally challenged this with Lambeth Council, stating that there was no way of me knowing about this suspension bar the tiny notice on the pole which was obstructed by trees (I sent a picture of this from the viewpoint of where my vehicle was and it is clear you cannot see the notice) and that there was no way of me seeing this unless I knew to look for it. My understanding is that councils must provide clear signs on each and every road entering an area, which was not the case. The only notice was in the bay, which was hidden.
They have since responded to me ignoring essentially everything I said, simply saying there were yellow signs in the bay and that their suspension log shows that my vehicle was not in the bay when the suspension was put in place (which I never suggested), and that they put up a warning sign in that bay before enforcing it (which again I never said they didn't). They made no reference to there being no signage entering the road nor the fact that it was hidden by trees as per the supporting picture I had sent - they simply sent me their own photographs from a 'convenient' angle for them.
My understanding is to formally appeal I now just need to wait for the notice to owner form to arrive. However, my concern is that if I do not 'win' the appeal, my 50% discount will no longer be valid as it will exceed the 14 days of which I have to pay to be eligible for discount (my current 2 tickets discounted would be £130 but would then become £260).
My question is this - do I have a good chance in winning this given it is not a private company issuing the fine but the Council?
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Comments
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No concerns there. It wouldn't stop me, and right now I have an appeal in at NTO stage (no discount now) re a suspended bay. Not my PCN but a young relative who lives in London and trusts me to hopefully to have worded a winning NTO stage appeal for him.My understanding is to formally appeal I now just need to wait for the notice to owner form to arrive. However, my concern is that if I do not 'win' the appeal, my 50% discount will no longer be valid as it will exceed the 14 days of which I have to pay to be eligible for discount (my current 2 tickets discounted would be £130 but would then become £260).
If you want to win you have to take that leap of faith, and pepipoo forum will assist.
1. Your second PCN needs you to argue that it was a 'continuing contravention' asking the Council to check the CEO's notes about the wheel valve positions on the two days, and they will see that the car had not been moved in between, so PCN #2 must be cancelled.
2. As for the first PCN, the Council were always going to reject a first appeal, because they can and because they know LOTS of people like you will be swayed by the carrot of the discount. Don't be swayed. Carry on, and post on pepipoo for help on how to argue it well, as they have more Council PCN experts than here.
Please come back and post when you have beaten one or hopefully BOTH.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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