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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69661
Experience:  Over 5 years in practice.
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Hello Does the council need to provide proof of when a parking

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Hello

Does the council need to provide proof of when a parking suspension bay sign goes up on the street. ie a photograph of the sign with the date and time clearly marked on it.

We were recently on holidays where our car was parked in a suspension bay. The council has replied that the sign went up before we left, so the pcn notice is valid. But they have sent no proof of date of sign erection. To my recollection I do not remember seeing a sign on the street before we left. I have asked the council to send proof, but I have got no reply yet. I have 10 days left before the fine increases to the full amount.

Thank you in anticipation.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Is this a response to an informal appeal from the council please?
Customer: replied 3 years ago.

Not sure what you mean by informal appeal.


 


I challenged the PCN notice by email saying we were away when bay was suspended and was not aware of sign on street before we left.


 


The council responded by email confirming that because the notice went up before we left the sign was valid.


 


I emailed again with no response yet asking for proof of date when sign was erected.

Was your vehicle towed or just given a PCN?
Customer: replied 3 years ago.

Given a pcn notice.


 


A friend informed us of the ticket and I asked my brother law to move the car that night. The bay was suspended for two days

Thanks.

There's no point in asking them for proof I'm afraid. They will almost certainly just ignore you.

If you want to contest a fine then you have to use the appeals procedure and you are right the fine will increase. Obviously you may win and walk away with nothing.

They don't have to provide anything at this stage but if you don't think they have sufficiently advertised the suspension then you can keep appealing and take them to adjudication where they will have to declare their position.

You could also apply for pre tribunal disclosure but I have to say that its never got me anywhere.

You should complain to your councillor about this. There is an alarming habit of suspending bays with very short notice.

Hope this helps. Please let me know if you need more information
Customer: replied 3 years ago.

Thank you for you advise!


 


a few more questions -


 


Do councils as a legal requirement take pictures when bay suspension signs goes up as proof of erection date?


 


or as proof for themselves?


 


I presume if they don't take pictures then they have no proof and a weak case against me.


 


Could I pay the small fine now and still take them to adjudication?


 


What is involved in adjudication, how does it work?


 


The biggest problem here is the time scale, because individuals are so busy, in many cases it just easier to pay the fine and move on with life.......


 


Best Regards,


J

No, they don't have any obligation to gather evidence although mostly they will to defend against appeals.

It doesn't need to be a photograph though. They can rely on a statement

You cannot pay the fine and go to adjudication though. If you pay the fine the appeal will end.

The adjudication is a paper exercise though. You can ask for an appeal in person but a paper exercise is just as good. The risk is that the sum of the fine will increase if you lose.
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