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#Post#: 79402--------------------------------------------------
Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: poklepi
Date: July 3, 2025, 7:48 am
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Hi all,
Im looking for advice and would appreciate any help you can
offer.
1. Authority:
Royal Borough of Kensington and Chelsea (RBKC)
2. Alleged Contravention:
Code 21 Parked wholly or partly in a suspended bay or space
residents' bay
3. Location:
Evelyn Gardens, SW7
4. Contravention Date and Time:
28/06/2025 at 10:16 AM
5. Vehicle Reg:
LR69YSP
6. PCN Number:
KE6866020A
7. Amount Outstanding:
£80.00
Outline of the Case:
The council claims a suspension sign was erected on 19 June
2025, for a suspension that began on 28 June 2025 at 08:30 AM
and ended the same day at 4:00 PM.
According to RBKCs own published rules, suspension signage for
resident bays must be posted at least 7 calendar days in
advance. The sign says it was posted on 19 June 2025.
I am confident that no sign was present prior to my departure,
as I parked the car legally in a resident bay and flew out of
the UK on 27 June 2025. I returned to London on Tuesday, 1 July
2025. Upon my return I found the PCN.
I wouldnt have knowingly left my vehicle in a suspended bay.
How would you structure the formal representation under these
circumstances? Am I correct in assuming that the onus should be
on the council to prove that the sign was in fact present at
least 7 calendar days in advance?
Do you have any legal or procedural grounds to challenge the
PCN, including references to case law or previous tribunal
decisions I can use?
I would appreciate any relevant guidance on requesting
photographic evidence from the council if necessary.
Here are the pictures:
HTML https://imgur.com/a/DfdvJI8
Thanks!
#Post#: 79419--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: stamfordman
Date: July 3, 2025, 9:10 am
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When did you park there.
When did you last check on car.
They should have a log of vehicles parked in the bay when the
signs went up - seems off there are multiple signs for what
seems to be consecutive odd-numbered addresses.
#Post#: 79502--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: poklepi
Date: July 4, 2025, 4:14 am
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On the 27th early in the morning is the last time I parked. Last
time I checked on the car was on the day.
#Post#: 79522--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: H C Andersen
Date: July 4, 2025, 5:51 am
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How would you structure the formal representation
I wouldn't!
You have a PCN, therefore the next stage is to make informal
representations before a Notice to Owner is served(at least 28
days hence). IMO, you put to the council what you've written
here.
Contravention did not occur
At approx. *** on 27 June I parked my car at the location seen
in the authority's evidence i.e. o/s 62 Evelyn Gardens. This was
no more that 1 metre from what is shown as being a clear and
prominent 'suspension' sign which referred to 'Outside 62 Full
frontage' although the fact that it is not incorporated into the
sign above and relates to a non-contiguous area suggests that it
refers to a separate removal request and was placed separately.
In any event, this sign was not present when I parked nor when I
checked it later in the day on 27th despite the reference to
being 'posted 19/6/2025'.
Given the routine nature of the reason for suspension, the
council's policy of giving at least 7 calendar days' notice of
suspension has effect and as 7 days' notice was not given the
PCN should be cancelled. If these representations are rejected
then the council must provide evidence in the form of a signed
log and/or dated photos establishing that the signs were erected
on 19th June.
OP, who is the registered keeper and are their DVLA details
current?
#Post#: 80047--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: poklepi
Date: July 8, 2025, 5:19 am
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Hi H C Andersen,
Thanks for the draft, this has now been submitted.
The driver is the registered keeper and the DVLA details are up
to date. Lets see what the council says.
#Post#: 95161--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: poklepi
Date: October 22, 2025, 9:04 am
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Hi All,
I received the challenge refusal letter on 16/10/2025 and have
14 days from the date of service to pay the lower charge or wait
for the Notice to Owner to make the formal representation. They
have not provided any evidence in the form of a signed log
and/or dated photos that the signs were erected on 19th of June
apart from the pcn pictures taken on 28/06/2025 as requested.
How can I upload the pictures of the letter now that imgur does
not work in the UK? Any advice would be greatly appreciated.
Thanks!
#Post#: 95163--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: John U.K.
Date: October 22, 2025, 9:10 am
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--- Quote from: poklepi link ---
>
> . . .
> How can I upload the pictures of the letter now that imgur
does not work in the UK? Any advice would be greatly
appreciated. Thanks!
>
--- End Quote ---
As Imgur is no longer available in the UK, you will need to use
ibb.co
HTML https://imgbb.com/
or
HTML https://imgpile.com/
for posting images.
Wherever possible, use the BBCode
#Post#: 95179--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: poklepi
Date: October 22, 2025, 10:16 am
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Here are the pictures of the letter:
HTML https://imgpile.com/p/3mqW3Pd
Let me know your thoughts on next steps.
Can the council even reply after such a long delay? Is there a
cut-off period for responding to informal challenges?
According to the information on www.patrol.gov.uk
, local authorities have 56 days to respond to representations.
If no Notice of Rejection (NoR) is issued within that time, the
representations are deemed accepted.
In my case:
Challenge submitted: 08/07/2025
Council reply received: 16/10/2025
Thats a total of 100 days.
Does this not make their response invalid? Thanks!
#Post#: 95193--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: H C Andersen
Date: October 22, 2025, 11:31 am
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No, it doesn't.
Their reply is some cut and paste response which ignores the
grounds of representation. By the way, what were the
circumstances of the previous PCN?
As their photos show, either you are blind or telling a
terminological inexactitude - because the suspension signs are
rather obvious - or they'll struggle at NTO stage. 'Normally
place..7 days', 'the sign had been place since 19 June'. They'd
need more than mere assertions to win at adjudication.
#Post#: 95206--------------------------------------------------
Re: Kensington & Chelsea Code 21: Parked in Suspended Bay
Evelyn Gardens 28/06/2025
DIR By: poklepi
Date: October 22, 2025, 12:01 pm
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No idea what the circumstances of the previous PCN theyre
referring to are.. this might just be a copy-and-paste mistake.
If you remember, I had a similar situation with Wandsworth
Council back in 2024, where they claimed the signs had been
erected but ultimately dropped the case because they couldnt
prove it. The council accepted my representation following the
Notice to Owner. Except that in that case they took the time to
write a response and supporting argument which turned out to be
weak. The signage was also inaccurate in that case.
It was a very similar situation, I had left the country, no sign
was visible when I parked, and I came back to find a PCN on the
windshield.
What are your thoughts? Should I fight it?
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