Just had a look at the results of cases by the parking tribunal and it seems that you can indeed pay the fine and appeal later. In these cases where the appeal was found in favour of the motorist the council was ordered to repay the penalty charge. I have a few days to do some more research to make sure, so will do that for now.

One thing I notice from the council rejection is that it states: 'The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief.' Then he states: Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I would take from above that he/she is admitting the suspension warning was not clearly visible?

Hi all, I am wondering if this is appealable. It has already been through a challenge on the Islington website and it was rejected. There was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder. I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks. This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator. Gee st pdf.pdf

Nicky Boy - There were 7 images taken between 10:18:30 and 10:19:08

Hi All, A notice of transfer of proceedings arrived last Friday which was dated 4th August (sent 2nd class I guess!) Nothing more from the court/Judge as yet. I have searched the forum for similar cases featuring not parked withing the lines which made it to court but have found nothing suitable. Is there any advice or a thread I haven't found yet which can help when stating our case in court? Many thanks.

I have sent the 180 back. Will they add an update to the Mcol site that they have recieved it as they haven't yet? Thanks.

So, no to mediation, yes to small claims track, choose a court and let them know dates we are unable to attend. Does this mean it will end up at a hearing? How easy would this be to defend in front of a judge for a young girl with no experience and limited confidence? I would be willing to speak for her if this was possible, maybe as a witness? But again how to defend? The costs of losing would have to be considered as neither of us have much in the way of funds. Many thanks.

Just had a look on MCOL and this is the latest Case Stay Lifted on 14/06/2023 DQ sent to you on 14/06/2023 DQ filed by claimant on 14/06/2023

OK, we have now received form N149a from Northampton 'Notice of proposed allocation to the small claims track' It comes with a form to fill in. Does this mean they have paid to lift the stay? Any advice to move forward? Many thanks.

Got in touch with the court today and they have confirmed that the case has been stayed. What is the best way forward now? Many thanks.

The mcol history filing date was 22nd march.

It says that the claimant has 28 days to reply otherwise the case is stayed. Would the court inform us of the stay or the reply from the claimant if there was one?

Yes, we got acknowledgement of defence back in March.

After submitting the defence to mcol is there a usual amount of time before we would hear back about a court date? Weeks, months or who knows? Just had a call from DCBL, didn't speak to them just wondered why they might be calling. Thanks.

Thanks FTMDave That's good to hear.

Is there any way forward with this one now or should we just cut our losses? TIA.

This upload is the cover letter from UKPC regarding the SAR. All other documents including the NTK and the Windscreen ticket are in the upload in post #47 The SAR letter contained the NTK, Notification letter, images taken by attendant and the Windscreen ticket (all previously sent by DCBL They mysteriously didn't receive the original SAR even though it was sent in exactly the same way and to the same address as the LOC. They beat the 14 days given to them by 3 days. SAR Cover letter .pdf

A reply to the LOC arrived today. (within the 14 days given to them before making a claim against them) I have only seen the covering letter but it states that they have no record of the original SAR being received. It was sent to the exact same address with proof of postage. With the letter they have also sent the information covered by the SAR which I haven't seen yet. I will post full details tomorrow sometime when I get it.

Just a thought... The letter I sent today was titled Letter Before Claim is that the same as a Letter of Claim?

Yes, just posted the LOC.

Here is the latest PDF containing the NTK and original windscreen ticket. 030423 merged pdf_compressed.pdf

Yesterday we received a pack form DCBL which contained: A covering letter stating: In relation to the above matter please find enclosed all evidence we currently hold on file. A copy of the original windscreen ticket. dated 25/02/2019 2 copies of letters: Re: NTK - 27/03/2019 Notification letter (making keeper liable|) - 24/04/2019 (The dates between to the two letters is 29 days.) Copies of images taken of the car x6 (including a picture of the passenger seats?) 4 print outs of the contents of various signs used in the car park 33 actual images (poor quality) of the parking signs around the car park This has not come from UKPC so I guess is not considered the contents of the SAR request? Contracts requested between UKPC and the land owners and planning permission for signs also not sent. Should any actions I take change now? Thank you.

OK nothing form UKPC regarding the SAR. I will put in a complaint with the ICO and send an LOC to UKPC. I Have the LOC ready to go, just not been able to get out due to health reasons but will put that in the post on Monday followed by a complaint to the ICO. I have used the same format for the LOC as Moaning Crusader with dated changes etc. Letter Before Claim To whom it may concern, On Tuesday 28th February I sent you a subject access request for a statutory disclosure of my personal data under the Data Protection Act. You have failed to comply. You have now breached your statutory duty. It has caused me a great deal of distress not having my data in order to understand the problems you have caused by the failure of your systems and your charging process, together with the necessity to chase after you to get this disclosure. You have 14 days to respond, after which I shall begin a County Court claim against you. Yours faithfully If there are any changes you advise I will have it ready to go on Monday. Many thanks.

An email arrived yesterday from DCBL... The email address they used would have come from the defence submitted a couple of days ago. Without Prejudice. 'Our client is prepared to make an offer to potentially conclude this matter. Please call us within 7 days.'

The date for filling in the defence is coming up in a few days. I have nothing from the SAR or CPR yet which were sent on the 28th Feb. Is there anything I can be doing now to prepare for the defence filing? Many thanks.