Parking ticket - legal when I parked
Discussion
Hello folks,
I parked up on Sunday night in a perfectly legal spot. I returned on Wednesday to find a the car surrounded by cones and a ticket. Parking had been suspended on a short stretch to allow for the installation of a new bus stop opposite. I have appealed the ticket.
Where do I stand on this? When I parked there were no cones, and I saw no sign, I am pretty sure there wasn't one. If there was it was well hidden.
Thanks.
I parked up on Sunday night in a perfectly legal spot. I returned on Wednesday to find a the car surrounded by cones and a ticket. Parking had been suspended on a short stretch to allow for the installation of a new bus stop opposite. I have appealed the ticket.
Where do I stand on this? When I parked there were no cones, and I saw no sign, I am pretty sure there wasn't one. If there was it was well hidden.
Thanks.
Sorry to hear about your situation. IANAL but i'd say the validity of the PCN depends on what proof both sides have of the correct signage being (or not being) in place before parking up there, and probably also that particular LAs stance to parking issues will have some bearing too.
On the appeal section of the PCN the person who issued the PCN should have included pictures of all of the relevant time plates and road side plates - that's what i'd want to see first.
Good luck.
On the appeal section of the PCN the person who issued the PCN should have included pictures of all of the relevant time plates and road side plates - that's what i'd want to see first.
Good luck.
The council will most likely tell you (stupidly), that it's your responsibility to check each morning that the area you are parked in hasn't had any restrictions put in place. Of course this isn't what people do who don't use their cars on a daily basis.
Hopefully an appeal stating when you parked there were no signs in place and the fact that if you were actually causing an obstruction for the works that were taking place, then the council would have most likely lifted the car and moved it or towed it away.
Hopefully an appeal stating when you parked there were no signs in place and the fact that if you were actually causing an obstruction for the works that were taking place, then the council would have most likely lifted the car and moved it or towed it away.
mgtony said:
The council will most likely tell you (stupidly), that it's your responsibility to check each morning that the area you are parked in hasn't had any restrictions put in place. Of course this isn't what people do who don't use their cars on a daily basis.
Hopefully an appeal stating when you parked there were no signs in place and the fact that if you were actually causing an obstruction for the works that were taking place, then the council would have most likely lifted the car and moved it or towed it away.
This happened to me a while ago in Lambeth. Parked on the usual road, residents zone, around the corner from my flat (road I lived on was L-shaped, with no parking on my part of the road). No signs saying parking had been suspended. When I went to use my car a couple of days later it was missing and signs up saying the bays had been suspended. I had to pick it up from the pound at a cost of about £150.Hopefully an appeal stating when you parked there were no signs in place and the fact that if you were actually causing an obstruction for the works that were taking place, then the council would have most likely lifted the car and moved it or towed it away.
I appealed and was told that the guidance given was that bays could be suspended at any time, and while they aimed to give at least five days' notice, then can suspend a bay the day before if necessary. Took it as far as PATAS and ticket was deemed to be legit. I was pretty annoyed to say the least.
bonjeroo said:
This happened to me a while ago in Lambeth. Parked on the usual road, residents zone, around the corner from my flat (road I lived on was L-shaped, with no parking on my part of the road). No signs saying parking had been suspended. When I went to use my car a couple of days later it was missing and signs up saying the bays had been suspended. I had to pick it up from the pound at a cost of about £150.
I appealed and was told that the guidance given was that bays could be suspended at any time, and while they aimed to give at least five days' notice, then can suspend a bay the day before if necessary. Took it as far as PATAS and ticket was deemed to be legit. I was pretty annoyed to say the least.
That is harsh!I appealed and was told that the guidance given was that bays could be suspended at any time, and while they aimed to give at least five days' notice, then can suspend a bay the day before if necessary. Took it as far as PATAS and ticket was deemed to be legit. I was pretty annoyed to say the least.
Luckily the work had not started, so I didn't obstruct anything. The more I think of it, the more sure I am that there was no sign, certainly didn't get five days notice. I await a reply from the Council, chap on the phone was nice enough.
It may be spitting hairs, but it is a fairly fundamental thing in law that you cannot be found guilty retrospectively. Putting cones around a car and then ticketing it is, at the least, shabby.
Whilst I sympathies parking can cause major disruptions to highway works and cost ££££ in stand down charges. This time of year is a particular problem as people come and go in the dark and can miss the signs (I know to my cost!). Not saying you did or didn't but if the real costs of inappropriate parking were passed on to drivers, people would be really careful when they park. We always give 5 days (emergencies aside) but it's not unheard of for people to park on street and leave their car for weeks at a time.
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