Given that my appeal to Bromley council regarding my parking ticket was rejected on the basis that there IS adequate signage for their CPZ in Bromley Town Centre, I have finally, some 2 months later received the 'Notice to Keeper' which entitles me to officially challenge the ticket and their decision.
So here is the letter I am about to submit to Bromley, to again try and make my point.
I am somewhat entertained that in the same week that I decided to make the formal challenge, that a story would appear on the BBC website, stating that some councils, inc Bromley appear to be setting targets, therefore acting illegally with regards to parking enforcement notices issued.
http://www.bbc.co.uk/news/uk-england-london-25865055
So, here is the letter which will be completed and sent off via email, the appeals website, and of course in paper form too. I will in the meantime be speaking to other media outlets to highlight the behaviour of Bromley Parking, and in an effort to get the area re-signed in a more open and fair manner.
Dear Sir / Madam
I am writing to you in relation to parking ticket #******** issued on *********.
I have contacted you on a previous occasion relating to this matter, and already pointed out by email, and open letter, the flaws regarding the signage of the suppose Bromley CPZ.
I shall again make my point, in the hope that it is better understood, taking your original response into consideration.
I approached Bromley town centre from Bromley Hill, coming in from Downham. To be precise, up Bromley Hill, onto London Road, left onto Tweedy Road, along Kentish Way, right onto Masons Hill, straight on onto High St, and right onto Elmfield Road. At no point along this trip was any form of CPZ sign seen. On parking and walking the route in the opposite direction, I finally found a sign. Just after the bus stop on Masons Hill. Please see the attached image from Google Maps of the sign, turned sideways, tiny in size, and ridiculous to believe that Bromley Parking consider this 'visible' and 'adequate' to notify drivers entering the area that it is indeed a CPZ.
Furthermore, I should add that on standing in as near as I could to a driving position in the road, when a bus is at the bus stop, or just pulling away, the sign is completely obscured.
From my understanding of the requirements to establish a legitimate and lawful CPZ, one of the requirements is for the signage to be clear and visible, maybe even adequate. Given that the distance travelled from entering the borough of Bromley, to the point of the ticket being issues is some 2 miles, and that the area apparently covered by the CPZ is just after an area of slower moving traffic, with traffic lights, and open roads with many opportunities for better signs to be erected, I am left only with the belief that the sign has been carefully placed to ensure there IS indeed a sign, but it is of absolutely no use to motorists entering the area. There is no other logical explanation as to why a sign of such importance would be put in such a hard to see place. I should also point out that after turning from Kentish Way to Masons Hill, the number of pedestrians and hazards for motorists increases astronomically, so concentrating to hunt out a hidden sign is rather dangerous from this point on.
Unfortunately on reading recent articles such as this one on the BBC website http://www.bbc.co.uk/news/uk-england-london-25865055 , I am led to the only logical conclusion, and that is that this is an attempt to gain as much revenue from parking enforcement as possible, while skirting what Bromley believe to be just within the legal requirements of a CPZ.
Therefore, on this occasion I completely reject the argument that Bromley make, that there are 'a number of signs from London Road, all the way into Elmfield Road' where the ticket was issued. I can honestly state that I observed NO clearly visible signs on my way to the point of parking. And upon finding a single yellow line with no hours of enforcement close by, I parked in good faith believing I was entitled to do so. Obviously now I know the centre of Bromley is a CPZ I would not do this again, and would choose to park in one of the many VERY well signed pay on exit car parks.
It seems that Bromley are happy to point people in the right direction of a pay to use car park, but not so keen to warn people that yellow lines fall under a badly signed CPZ. Seemingly a win win situation for Bromley.
At this time, I feel I am well within my rights to appeal this ticket, and the decision made by Bromley the first time I appealed, on the following grounds.
CPZ is not adequately signed.
Appeal decision states signs are in a place where they are not.
I look forwards to hearing back from yourselves on this matter in the near future.
Please note, as before, this letter will be shared openly on my blog, as well as Twitter, as will any reply received unless explicitly requested otherwise.
Regards
Michael Snasdell
Hi
ReplyDeleteDid you win appeal? I got a penalty ticket last Sunday in same area, I am wondering if you won the appeal and on what main reasons. Can you please help?
Thanks
Henry
Hi Henry,
DeleteMy first 30 day appeal was rejected stating they believed they had adequate signage posted. My options were to appeal to the higher authority or pay the reduced rate.
I decided on the appeal which I had to wait for the notice to keeper form before I was 'allowed' to appeal. This is of course to allow the discount period to expire once and for all.
As soon as I received it, I resubmitted my appeal with more info, and this has yet to be decided. I believe it was sent around January, but the legislation gives them 6 months to decide, so the outcome is as of yet undecided. Im sure they will leave it til day 180 or beyond.
The appeal was based on their failure to post adequate signage both identifying and detailing the coverage of the CPZ.
Good luck with your own appeal. Don't expect to be treated too fairly or politely by Bromley Parking.
Let me know how it goes, and feel free to get back in touch.
Hi, Michael
DeleteThank you for quick reply!
I have done some research and found there are about 8 reasons that Bromley Council has incorrect on my PCN, include your argument about the signage on Masons Hill. I will surely appeal again them. I will let you know how I get on. My reasons may be useful for you and others. I will write back again. Please do not give up your case, I strong believe you will win.
thanks
Hi again Henry,
DeleteThanks for the reply, would love to know the background to your PCN, feel free to email me on snazy123@gmail.com if you want to talk privately.
I actually took a drive through the route into Bromley and to the parking spot again today just to see if any sneeky changes have been done before my appeal is replied to, and shock horror, as of yet, nothing.
I am going to take a slow run through there again with the dash cam running very soon to capture the trip in and show once and for all that there is inadequate signage, for all our sakes, and will post it to YouTube to time stamp it.
Keep fighting. Im all for being caught fairly but this is just a joke. Oh I did notice they have introduced camera enforcement now, so no personal challenges anymore either.
Hi again, just an update.
DeleteTo date Bromley have not said a word to me about the outcome. So due to the expiration of their right to reject my last appeal, the ticket is now voided.
I have today asked them for confirmation of their decision and the grounds its was made on.
How did yours go?