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London Borough of Newham

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London Borough of Newham
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#1
Received this PCN visiting a disabled sick friend who lives alone. Didn't realise about the restriction. Can I appeal this.
Any help would be appreciated.
Thanks
Hashim



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Last Edit: April 14, 2024, 10:24:17 pm by cp8759
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Re: London Borough of Newham
Reply #1 on:
#2
Well, first off, can you please post all pages of the PCN, and the right way up so we can read them without getting a stiff neck.

Can you appeal it ? Yes of course you can, and have the inalienable right to take them all the way to London Tribunals if necessary, but winning an appeal is another matter entirely, hence our request for the full PCN.It would also be useful if you can post a Google Street View link telling us exactly where the contravention occurred, i.e. more info on what happened to cause you to get a PCN.

Edit
The photos appear to show you turning right and then passing what is called the "Flying Motorbike" sign, (bike above car symbol).  This sign means No Entry for motor vehicles, but there may be a sign below with applicable times.
Last Edit: April 12, 2024, 12:03:51 am by Incandescent
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Re: London Borough of Newham
Reply #2 on:
#3
Video:



You might have some viable mitigation, please can you confirm:

1) The date of issue of the PCN, as we have no idea of the timeframes we have to work with,
2) Tell us more about the circumstances of your disabled friend.

The location is here
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl
, @Hashim as google street view is out of date are you able to go back and check for advance warning signs on the main road?

This would have originally come under The Newham (Pedestrian and Cycle Zone) (No. 1) Experimental Traffic Order 2022 but that order has expired, so I'll get hold of the new one.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: London Borough of Newham
Reply #3 on:
#4
The PCN was issued on the 5th April 2024.
Contravention took place on the 25th March at 2:37pm.
A friend lives on this road so went to check on him to see if he needed anything as he was too poorly to go out. He lives by himself and is mentally unstable. He has had knee surgery in the past which hasn't helped and therefore has difficulty in walking.

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Re: London Borough of Newham
Reply #4 on:
#5
Quote from: Hashim on April 15, 2024, 06:38:00 am
A friend lives on this road so went to check on him to see if he needed anything as he was too poorly to go out. He lives by himself and is mentally unstable. He has had knee surgery in the past which hasn't helped and therefore has difficulty in walking.
Can your friend provide a witness statement, and possibly some medical evidence?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: London Borough of Newham
Reply #5 on:
#6
Yes he can provide hua disabled badge together with a witness to that effect.
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Re: London Borough of Newham
Reply #6 on:
#7
Quote from: Hashim on April 15, 2024, 12:33:51 pm
Yes he can provide hua disabled badge together with a witness to that effect.
So either you or your friend need to write a statement, or you need to tell us the relevant facts and I'll draft some formal wording for you to give to him.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: London Borough of Newham
Reply #7 on:
#8
Received a call from an elderly friend (93 Years of age) who had fallen in the kitchen and could not get up due to his disability and fraility. I had to rush to see him to see whether he was ok so went into Grosvenor Road without realising the prohibited timings. I found him on the floor in excruciating pain. Luckily no bones were broken so I gently managed to help him up and reassured him as he was quite disorientated.

I have a copy of his blue badge.

Thanks

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Re: London Borough of Newham
Reply #10 on:
#11
@Hashim well now that we know the circumstances it's clear this should be taken all the way. The deadline for representations is midnight on 6 May, so we have a bit of time (not sure why you thought you were that close to the cut-off date).

Is any medical evidence available, such as prescriptions for any paid medication, anything about his knee surgery and so on? There must be something.

It's worth putting in as strong a representation as possible, because only the council can consider mitigating circumstances, so the representation needs to be truly compelling (if the council then refuses it, it becomes easier to show that there has been a failure to consider, which gives you a statutory ground of appeal to the tribunal).

Please tag me in your response when you next reply.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: London Borough of Newham
Reply #11 on:
#12
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: London Borough of Newham
Reply #12 on:
#13
Hi
I already submitted the representation before i received your response, so now waiting for their response.

Thanks
Hashim
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Re: London Borough of Newham
Reply #13 on:
#14
Quote from: Hashim on May 15, 2024, 08:29:18 pm
Hi
I already submitted the representation before i received your response, so now waiting for their response.
Please post their response when you get it, and if it's a rejection please show us what you sent.

In the meantime please could you answer my questions re: medical evidence?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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