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

SITUATION

The appellant parked their vehicle in a space which was completely legal at the time of parking.

However, they went away on holiday for 20 days. Upon returning from holiday, their vehicle had been towed away by the Council. Subsequently, charged a fee of £505 on top of the Penalty Charge Notice (PCN).

The Enforcement Authority (EA) claim that a placard (those yellow plastic signs) was in place at the time the vehicle was parked, stating a clear warning that parking will be suspended from a certain period.

However, the appellant insisted this was not the case since they went and checked just before they left for holiday.


The only and main appeal point the appellant raised, was that the placard was not in place at the time the vehicle was parked.

Since the appellant did not have any evidence, the adjudicator found in the EA’s favour in that respect. This meant that the EA were compliant with the general policy for advanced warning.

The adjudicator then examined the photographs sent by the EA of the placard and the position of the vehicle.


WHY WAS IT ALLOWED?

As a result of the examination the adjudicator found in the appellants favour.

EA’s must place suspension signage which satisfies a test of reasonable prominence (basically meaning reasonably noticeable). It is not only just a matter of distance, but a test which involves the streetscape overall (meaning street coverage).

Therefore, the adjudicator found that the signage did not pass the test of reasonable prominence, consequently demanding the council to refund all costs and cancel the PCN.