DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 39750--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: mrmustard
Date: October 7, 2024, 5:12 pm
---------------------------------------------------------
If you would like free representation please email me
mrmustard@zoho.com
#Post#: 40048--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: October 9, 2024, 3:47 pm
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> Back to your dashcam please. You've posted up a still image.
Are you saying this is a frame from when the car was in motion
and not yet parked? IE approaching the sign on the pole visible
on the offside of the road?
>
> I assume so, so it seems that the Council believe your frame
is a still from when the car was stationary and parked in the
bay. Not a frame from when it was approaching the parking place.
Seems the Council believe you were parked on the double yellow
lines on the nearside.
>
> I think you need to make this clearer because at first reading
I understood your photo to be of when the car was stationary and
parked on the left side of the raod. Yes indeed the pole visible
to the offide has no suspension sign however is not relevsnt if
it it's on the opposite pavement to where you parked.
>
> I'm concerned that an Adjudicator might also read your
submission the same way and misunderstand the realtionship
between where you actually parked and the signpost.
>
> You case is that there was no suspension sign in-situ in the
bay on the right hand side of the road, where is where you
parked, at the time that you parked. The suspension notice was
installed at some unknown time after you parked. So make that
very clear. Your dashcam image was taken just before you reached
the parking bay and confirms that the suspension notice was not
in place. This is the same pole visible in the CEO's evidence
photo that shows the same pole at the offside rear of your car
after you'd parked.
>
> Please revise your draft nd post it up.
>
--- End Quote ---
Thanks for your feedback. Yes the image is of my vehicle on
approach to the bay, while in motion...let me know if this is
better...
I parked my vehicle on Sunday, 21st July 2024 at approximately
20:50pm at Virginia Road, where I am a resident permit holder.
My vehicle was removed on the 23rd of July 2024 at 10:57am for
allegedly parking in an suspended bay. After paying the £265
fine to recover my vehicle I appealed the PCN and removal as
instructed by the Enforcement Authority.
In my appeal submission to the EA, I provided images from my
dashcam which shows my vehicle on approach to the parking bay.
The image is a still image which capture's the signage at the
last possible moment, as dashcams are forward facing, needed the
image to be from an angle which shows the signage in its view.
Please see images from dashcam attached as evidence. This sign
post is the same as this taken from a google maps location
highlighting that this is the same bay where my vehicle was
removed from and the last signage on the road where I parked.
HTML https://maps.app.goo.gl/t99GA6a5zUH8GuxT9
However, the EA in their response, state that the dashcam image
is "only showing the street in front of the vehicle", they also
state the CEO’s images indicate that the suspension notice is
behind my vehicle, further highlighting the complete lack of
knowledge or investigative skills to understand that a dashcam
can not see out the side of a vehicle, and therefore this image
would have been the last taken of the relevant bay and signpost.
The EA state in their notice of rejection that notices were put
in place on 18th July, however, the date and timestamp of the
image from my dashcam contradicts this. I can not be certain if
this signpost was missed or if it had been vandalised after
being placed.
The image I provided from my dashcam, plus the image from CEO is
of the same parking signplate pole. However, the EA fail to
acknowledge this and rely on this to reject my appeal. This can
be verified by the google maps image given above and the
painting on the wall behind the signage on all images.
Furthermore, there is a procedural impropriety on the part of
the EA. The Trafic Management Act 2004 stipulates that a notice
of rejection must be served within 56 days of the appeal,
however the EA has not been able to provide any evidence that
this was sent by post, or by email within the regulated
timeframe.
#Post#: 40049--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: October 9, 2024, 3:50 pm
---------------------------------------------------------
Hi MrMustard - thanks for offering. Will email you soon.
--- Quote from: mrmustard link ---
>
> If you would like free representation please email me
mrmustard@zoho.com
>
--- End Quote ---
#Post#: 48204--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: mrmustard
Date: December 4, 2024, 3:34 am
---------------------------------------------------------
outcome, case 2240431122
Mr Dishman attended today to represent the appellant who did not
attend.
The Penalty Charge Notice was issued when the appellant’s car
was parked in a suspended bay. At the time that the Penalty
Charge Notice was issued, and the vehicle was subsequently
removed there was a suspension sign on the post behind the
appellant’s car. The sign was below the permanent sign for the
bay. In addition to the permanent sign that is also a sign for a
cycle route. The post on which the sign is placed is next to a
wall on which there is a mural of an animal painted in red.
The council provides evidence that the sign and three others in
Virginia Road were erected on 18th July and that at that time
the appellant's car was not parked.
Mr Zaman provided one image from his dashcam and I have seen
further images uploaded by Mr Dishman on 2nd December. The
images provided are stills which show that the appellant drove
along Virginia Road at 20:51 on 21st July. The last image is at
20:51:59 taken from a moving vehicle. It shows the post outside
the wall with the mural. I find that it is quite clear that at
that time there was no suspension sign on the post. Mr Zaman
then pulled over to the right of the road and parked near to the
junction. Once he had parked his car the sign next to the wall
with the mural was behind the car.
I find that the suspension sign had been removed between 18th
and 21st July when the appellant parked his car. I have seen no
evidence of when it was re-erected. The sign was in place when
the civil enforcement officer took photographs at 11:00 on 23rd
July. The council has not provided any evidence to show when the
sign was put up again notwithstanding that the appellant
provided a photograph of the post outside the wall with the
mural when he made his formal representation.
I allow this appeal. I am not satisfied that there was any
notice of the suspension of the bay in which the appellant
parked his car.
I had three major arguments but it was only necessary to discuss
signage as the adjudicator had 10 minutes reading the file
before I went into her room (I was early and seen early as the
case prior to mine was a no show).
One pithy remark she did make, and others take note, that citing
the council's 'complete lack of knowledge or investigative
skills' when your own case is unclearly presented wasn't a good
start. Politeness pays. However, the dashcam images and my
explanation helped the adjudicator to understand exactly what
had happened and she picked up that the council had been told
the signage was missing and didn't comment upon it.
This was my only case yesterday, in contrast to the nine I did
last week, and it turned out well. The PCN paid at £65 and the
towing fee of £200 now both have to be refunded.
*****************************************************
Page 3 of 3
DIR Previous Page