How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63896
Experience:  Over 5 years in practice.
Type Your UK Traffic Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Hello Does the council need to provide proof of when a parking

Resolved Question:

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.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

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

Is this a response to an informal appeal from the council please?
Customer: replied 1 year 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.

Expert:  Jo C. replied 1 year ago.
Was your vehicle towed or just given a PCN?
Customer: replied 1 year 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

Expert:  Jo C. replied 1 year ago.
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 1 year 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

Expert:  Jo C. replied 1 year ago.
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.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63896
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    3080
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3080
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    137
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    30
    Solicitor with UK Traffic Law experience
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    17
    17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    12
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    12
    LLB (Hons)
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    143
    PGD Law. 20 years legal profession, 6 as partner in High Street practice