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ChrisW86

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  1. Good afternoon. Last week I was given a penalty charge notice by Islington Council for parking in a suspended residents' parking bay. I wasn't very happy about the pcn for a few reasons: -The signs were only put up the day before the suspension. The council claim they went up ten days before, I'm pretty sure they didn't but obviously can't prove it. -The council put some cones up around the area to be suspended the night before the suspension. My car was outside of the coned off area. I raised this in my initial appeal but the officer appears to have ignored it. -(Retrospectively) I've read elsewhere on this forum that parking can only be suspended using authorised sigsn, and the sign used in this case does not match the authorised sign I've seen for Islington. I've copied out below my initial appeal and the council's reply. As I understand waiting to appeal again would mean I ended up paying the £130 instead of £65 fine, I'd be very grateful for any comments on how likely future appeals might be to suceed - if I don't have a case I'd rather know so I can pay up now. Thanks! Re: PCN IS288xxxx Dear Islington Appeals I’m writing in relation to the penalty charge notice identified above. I wish to appeal against the charge on two grounds: 1) The PCN was issued in relation to a parking suspension. Notice was only given of the parking suspension on the day before it came into force. As I do not use my car in the week, I had no opportunity to observe the warning notices or to move to my car. Specifically I parked my car on the evening of the 10th of February, at which time no notices were in place, and the suspension began on the morning of the 12th. The Islington Council website states that: “Where possible, 10 days notice will be given for residential parking”, this clearly was not the case on this occasion. 2) The Islington Council website further states that “Time plates will be covered by yellow hoods (or the area coned off) on the first day of the suspension, and will be removed when the suspension is over.” Although cones were in place during the suspension, my car was outside the coned off area. I therefore do not consider that my vehicle was inside the area of suspended parking. I’d be grateful if you could withdraw the ticket. Kind regards Chris And the reply: Dear Mr xxx Penalty Charge Notice No. IS288xxxxx Date of Issue 12/02/2013 at 09:17 Location of Contravention xxx, N19 Thank you for your email regarding the above Penalty Charge Notice (PCN) which was recently received at this office. The PCN was issued because the vehicle was parked in a suspended parking place. The yellow notices next to the parking bay clearly stated that parking was suspended from 8:30 to 18:30 on 12 February 2013. The vehicle was parked in close proximity to one of the signs. You have stated that there was only a day's notice of the parking suspension. However, I can confirm that the notices were put in place on 02 February 2013. They are usually attached to the time plate/s relevant to the bay. It is your responsibility as the driver to check the signage for parking suspensions and changes to parking restrictions. I have also noted your query regarding why a yellow hood covering the time plates. I can advise that this only occurs when parking in the entire bay is suspended. On this occasion, only the spaces outside numbers 6-8 were suspended. As the PCN was issued correctly, payment is now due. I have decided that we can accept the discounted amount of £65.00 provided we receive that before 08 March 2013. Please bear in mind that on that date the charge will increase to £130.00. If you wish to continue to contest the matter, the next stage is that a Notice to Owner will be sent to the person responsible for the penalty charge. This is a necessary legal step and further correspondence will only delay this process. The Notice to Owner will establish liability for the PCN and the grounds under which representations may be made. If representations are made at this stage and they are rejected, there will be the right of appeal to the independent adjudicator at the Parking & Traffic Appeals Service. Attached images: [ATTACH=CONFIG]41767[/ATTACH][ATTACH=CONFIG]41768[/ATTACH][ATTACH=CONFIG]41769[/ATTACH][ATTACH=CONFIG]41770[/ATTACH]
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