London Borough of Newham – Parked wholly/partly in a suspended bay or space

SITUATION

The appellants vehicle was parked in a suspended parking bay. This is when the Enforcement Authority (EA), temporarily suspend parking bays for whatever necessary purposes.

The suspension notice stated “3 car parking spaces o/s no’s. 11 – 17“.


The appellants argument was that they parked within the bay when the suspension had ended.


WHY WAS IT ALLOWED?

The adjudicator allowed the appeal on the basis of the following points:

  1. The suspension was unclear whether it ended at or included house number 17.
  2. The suspension notice was capable of confusion and ambiguity.
  3. The EA did not produce the suspension authorisation documentation, to enable the adjudicator to compare it with what was actually on the suspension notice.
  4. The law in relation to an ambiguity (point 2), is that it cannot be enforced against the party it disadvantages. The disadvantage being the appellant in this case.