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#Post#: 43139--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: stamfordman
Date: October 30, 2024, 8:45 am
---------------------------------------------------------
Recent tribunal decision below but this is a common one and
council officers are a bit thick if they keep trying it on. But
the evidence needs to be solid.
I'm not sure if it is a legal requirement though. It certainly
means suspensions on more than one sign if appropriate.
---------
2240421901
Mr Dumbuya was scheduled for a personal hearing today but he has
not attended and so the appeal is being decided on the evidence
presented.
This PCN was issued for the alleged contravention of being
parked wholly or partly in a suspended bay or space in Digby
Street on 5 March 2024.
I have looked at the CEO's photographs and these show that Mr
Dumbuya’s car was parked in a bay in Digby Street. There is an
image showing a suspension sign attached to a post some car
lengths forward of where Mr Dumbuya’s car was parked. The
suspension notice stated that the whole multi-bay was suspended
for filming at all times on 5 and 6 March 2024.
Mr Dumbuya appeals because he says that the signage for the
suspension was not adequate and that the single suspension sign
was displayed at the extreme end of the multi-bay. Mr Dumbuya
says that he has a mobility impairment and that it has a
negative impact for disabled people to have only a single sign
for a long bay which accommodates 8 to 10 vehicles. He says that
the Council has now installed additional signs for the bay.
The legal requirement is for the Council to attach the
suspension notice to the same post that carries the nearest time
plate for the bay so that motorists will be alerted to the
suspension on checking the time plate. It is the motorist’s
responsibility to check the time plate on parking. It is not
disputed that the notice was attached to the post which carried
the time plate for the bay and it follows that the alleged
contravention did occur.
I am, however, asking the Council to reconsider cancellation of
this PCN on the grounds that a single sign for such a long bay
is likely to place a disabled person with a serious mobility
problem at a disadvantage in ascertaining bay restrictions.
#Post#: 43264--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: pred02
Date: October 31, 2024, 5:14 am
---------------------------------------------------------
Thanks. Is there a rule that a notice must be attached to the
closest pay where its suspended? If there a law that I can
reference or a website it would probably help with the argument.
I later noticed that many other cars were ticketed, so it is
clear that it was not clear signage. Would this help in this
case?
Should I submit any photos to help with my argument?
--- Quote from: stamfordman link ---
>
> Recent tribunal decision below but this is a common one and
council officers are a bit thick if they keep trying it on. But
the evidence needs to be solid.
>
> I'm not sure if it is a legal requirement though. It certainly
means suspensions on more than one sign if appropriate.
>
> ---------
>
> 2240421901
>
> Mr Dumbuya was scheduled for a personal hearing today but he
has not attended and so the appeal is being decided on the
evidence presented.
> This PCN was issued for the alleged contravention of being
parked wholly or partly in a suspended bay or space in Digby
Street on 5 March 2024.
> I have looked at the CEO's photographs and these show that Mr
Dumbuya’s car was parked in a bay in Digby Street. There is an
image showing a suspension sign attached to a post some car
lengths forward of where Mr Dumbuya’s car was parked. The
suspension notice stated that the whole multi-bay was suspended
for filming at all times on 5 and 6 March 2024.
> Mr Dumbuya appeals because he says that the signage for the
suspension was not adequate and that the single suspension sign
was displayed at the extreme end of the multi-bay. Mr Dumbuya
says that he has a mobility impairment and that it has a
negative impact for disabled people to have only a single sign
for a long bay which accommodates 8 to 10 vehicles. He says that
the Council has now installed additional signs for the bay.
> The legal requirement is for the Council to attach the
suspension notice to the same post that carries the nearest time
plate for the bay so that motorists will be alerted to the
suspension on checking the time plate. It is the motorist’s
responsibility to check the time plate on parking. It is not
disputed that the notice was attached to the post which carried
the time plate for the bay and it follows that the alleged
contravention did occur.
> I am, however, asking the Council to reconsider cancellation
of this PCN on the grounds that a single sign for such a long
bay is likely to place a disabled person with a serious mobility
problem at a disadvantage in ascertaining bay restrictions.
>
--- End Quote ---
#Post#: 43271--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: H C Andersen
Date: October 31, 2024, 7:09 am
---------------------------------------------------------
Sorry, but can't see how this helps the OP as the appeal was
refused.
OP, can we pl just get facts in play rather than general
descriptions.
The parking place extends from no. ** to no. ***.
There are ** traffic signs within the bay situated at nos. **,
**, ** .....
There were suspension signs placed on the following traffic
signs ******
The suspended area was *** to ***.
My car was parked outside no. ***.
From the above it follows that ********(to be completed after
you've inserted the above.
#Post#: 43272--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: pred02
Date: October 31, 2024, 7:21 am
---------------------------------------------------------
Hi,
I have not submitted an appeal yet but would like to do so
today. Here is the information below
The parking place extends from no. 61 to no. 82.
There are 3 traffic signs within the bay situated at nos. 61,
65, 75 .....
There were suspension signs placed on the following traffic
signs 61
The suspended area was 62 to 74.
My car was parked outside no. 68.
Thank you.
--- Quote from: H C Andersen link ---
>
> Sorry, but can't see how this helps the OP as the appeal was
refused.
>
> OP, can we pl just get facts in play rather than general
descriptions.
>
> The parking place extends from no. ** to no. ***.
>
> There are ** traffic signs within the bay situated at nos. **,
**, ** .....
>
> There were suspension signs placed on the following traffic
signs ******
>
> The suspended area was *** to ***.
>
> My car was parked outside no. ***.
>
>
> From the above it follows that ********(to be completed after
you've inserted the above.
>
--- End Quote ---
#Post#: 43282--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: fraser.mitchell
Date: October 31, 2024, 7:43 am
---------------------------------------------------------
The suspension was inadequately signed, no doubt at all, and you
should submit representations on this basis.
#Post#: 43457--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: pred02
Date: November 1, 2024, 4:05 am
---------------------------------------------------------
Below is the draft letter I would like to submit to Lambeth
today - please let me know of any thoughts.
Dear Sirs
Re PCN LJ332311242 dated 29/10/2024 served at Bavent Road.
I reside in Lambeth and have a resident permit with permission
to park on Bavent Road. I have no prior park convictions and
always am diligent about following parking rules.
On the day in question, I arrived at my house on Bavent Road,
parked and went to my house at 68 Bavent Road. Neither of the
parking bay signs near my car, which are located at 65 or 75,
had any temporary suspension sign attached to them. A motorist
is entitled to take the parking conditions on the bay sign
nearest to his car on the side where parked as valid.
On the grounds to inadequately signed suspension, I kindly urge
to consider PCN to be cancelled.
Yours faithfully
#Post#: 43465--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: fraser.mitchell
Date: November 1, 2024, 5:20 am
---------------------------------------------------------
I reside in Lambeth and have a resident permit with permission
to park on Bavent Road. I have no prior park convictions and
always am diligent about following parking rules.
On the day in question, I arrived at my house on Bavent Road,
parked and went to my house at 68 Bavent Road. Neither of the
parking bay signs near my car, which are located at 65 or 75,
had any temporary suspension sign attached to them. A motorist
is entitled to take the parking conditions on the bay sign
nearest to his car on the side where parked as valid.
On the grounds to inadequately signed suspension, I kindly urge
to consider PCN to be cancelled.
In view of the failure of the council adequately to sign the
suspension, I request that the PCN be cancelled.
#Post#: 43473--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: pred02
Date: November 1, 2024, 5:50 am
---------------------------------------------------------
Thanks - I usually tone down the language a bit but could be a
cultural thing (US vs. UK) when appealing in these processes.
What kind of evidence or photographs should I provide?
--- Quote from: Incandescent link ---
>
> I reside in Lambeth and have a resident permit with permission
to park on Bavent Road. I have no prior park convictions and
always am diligent about following parking rules.
>
> On the day in question, I arrived at my house on Bavent Road,
parked and went to my house at 68 Bavent Road. Neither of the
parking bay signs near my car, which are located at 65 or 75,
had any temporary suspension sign attached to them. A motorist
is entitled to take the parking conditions on the bay sign
nearest to his car on the side where parked as valid.
>
> On the grounds to inadequately signed suspension, I kindly
urge to consider PCN to be cancelled.
> In view of the failure of the council adequately to sign the
suspension, I request that the PCN be cancelled.
>
--- End Quote ---
#Post#: 43545--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: fraser.mitchell
Date: November 1, 2024, 12:45 pm
---------------------------------------------------------
This is an informal challenge, 99% of which are rejected by
councils no matter how valid because they know that most people
then cough-up. You have to be made of stern stuff to stand up to
council shenanigans. You live at 68, so are between two signs
for the bay, neither of which had a suspension sign, so you have
a very strong case to take them all the way to adjudication if
necessary The maximum amount in play at the adjudicators is the
penalty charge, there are no extra costs. For the council, they
have to pay a fee to the adjudicators so if they lose they
council is out of pocket.
If the suspension sign is still in place, take photos of the two
signs without and put them in your reps.
I suspect they will just bluff their way on this one until you
register an appeal at London Tribunals then not contest. This
is blatant gaming of the system, but there are no penalties in
law to stop them, other than the adjudicator fee, payable if
they win or lose
#Post#: 43861--------------------------------------------------
Re: Lambeth: Parking in Temporarily Suspended Bay Bavent Road
Code 21
DIR By: pred02
Date: November 4, 2024, 5:21 am
---------------------------------------------------------
Thank you. I launched a informal complain will keep you posted.
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