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Suspended bay case!
Case Reference: 2110118678
Appellant: Ms Michael Charlene Brown
Authority: Camden
VRM: XXXXXXXX
PCN: XXXXXXX
Contravention Date: 14 Dec 2010
Contravention Time: 08:53
Contravention Location: Fellows Road NW3
Penalty Amount: £120.00
Contravention: Parked in a suspended bay/part of bay
Decision Date: 04 Apr 2011
Adjudicator: Carl Teper
Appeal Decision: Allowed
Direction: cancel the Penalty Charge Notice and the Notice to Owner.
Reasons: The appellant has attended her appeal I find her to be an honest witness.
The authority's case is that the Appellant's vehicle was parked in a suspended bay when in Fellows Road on 14 December 2010 at 08.53.
The Appellant's case is that the parking suspension notice relied on by the authority had the date for the suspension as 18/11/2010 on it when she parked, on the night of the 13 December 2010. And that when she saw the penalty charge notice affixed to her vehicle the following day, the appellant noticed that the suspension notice had been altered and had a piece of tape over the date indicating the restriction as 14/12/2010.
The appellant showed me two pictures on her mobile phone that clearly showed a piece of tape on the suspension notice with the date 14/12/2010, and an earlier picture she had taken of the same suspension notice with the date 18/11/2010 on it.
I have considered the evidence and I am not satisfied that the authority has not proved this contravention. I find the appellant's evidence to be credible and reliable. I make the following findings of fact.
First, that when the appellant parked on 13 November 2010 the date on the suspension notice was 18/11/2010.
Second, that a piece of tape had been plastered over the date with the date 14 December 2010 written on it.
Third, I note that the Civil Enforcement Officer photo shot of the suspension notice, whilst not mandatory, is of very poor quality and cannot be deciphered.
Fourth, that the authority has not in this case, as in almost all others I have encountered, produced a separate library photograph of the suspension notice they rely on.
Finally, the appellant defence succeeds because it has not been rebutted by the authority.
The appeal is allowed.
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