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Strange PCN: contravention code 21


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Hello all,

 

 

I can do with some good advice about the above mentioned PCN.

It was on Lymington Avenue N22.

 

 

I parked (with legitimate Visitors Permit) well away from the immediate vicinity of a displayed suspension notice attached to a pole...about 25 metres away, only to return and be faced with a PCN on my car. I accosted the CEO and asked him why. He said the suspension affected the whole length of the street.

 

 

Upon reading the notice I realised he wrote the MAKE of my car to be a Ford. Though he got the reg number, colour, and excise date right, my car is a Kia and not a Ford.

 

 

My aim is to challenge and request cancellation, in that the notice was deceitful and set as trap for motorists who assume the notice only affects the immediate vicinity, and the fact he was not wholly referring to my car.

 

 

Sincere and quality advice would be appreciated

 

 

Thanks

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It is not the case that every bay needs a sign, although the signs which are there will need to state exactly what bays are suspended. The positioning of the signs has to be reasonable, and of course relies on there being suitable places to put one, such as lampposts. If the council considers that the sign was put in a reasonable place (likely), and it says the bay you used was suspended, they will probably not be willing to cancel the PCN on those grounds.

 

The make of car issue is also unlikely to go anywhere. There is no requirement for that info on a PCN, and so if it is erroneous it doesn't invalidate the PCN.

 

You can try an appeal of course - nothing to lose.

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Procedural improperty because the make of your car is wrong.

One little plastic sign for the whole street is not sufficient.

This might be relevant:

http://www.bbc.co.uk/news/uk-england-london-21339117

 

Also you need to dig in the TSGD to see if there's any requirement to suspended bay signs.

In any case any reasonable person would think that a little temporary suspension sign for the whole street is a little cheeky.

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An error in the data input by a CEO is not impropriety. Would be nice if it were, but it isn't, and won't get the PCN cancelled.

 

Whether the signs are sufficient is a matter of judgement. Generally speaking there are no rules, just a principle of common sense. If there are spare lamp posts and room for clearer signage, then yes there might be a case on inadequate signage.

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