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PCN Newham, Code 12, event day restrictions

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PCN Newham, Code 12, event day restrictions
on:
#1
Migrated from Pepipoo

I parked in a shared use bay thinking it was outside the controlled hours. Unfortunately the zone has additional restrictions for event days (being about ~1.5 miles from the West Ham stadium). As someone that doesn't follow football I was unaware that it was such a day and so I received the PCN.

I'm a Blue Badge holder and would be entitled to park there had I displayed it. I had it with me, but it lives in the glove box and I only display it when I believe it's needed.

I did some additional checking for event day signage. Newham follow a similar format to other London boroughs of having a "Next Event Day" notice when you enter the controlled zone. Unfortunately the sign in question is on a hairpin and you can't see the zone sign at all on approach as its side-on to the road. By the time you reach the junction (at the top of the hairpin) the signs are again side-on to the vehicle and are not visible. I've been visiting here for years and I've genuinely never noticed the zone entry sign before.

The parking zone has a bit of a weird boundary, and due to the funky looping route you need to do to enter the zone (can't right turn off main road) you don't hit any other event day signs beforehand for that zone. I've attached a map showing the route.

GSV of bay where I parked
GSV of zone entry signs with event times

Status to date:

Informal appeal - Rejected
Formal appeal - Rejected
Tribunal appeal - In progress


Original PCN:



Route into zone:



Video of road signage:



Informal rejection:



Formal rejection:

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Re: PCN Newham, Code 12, event day restrictions
Reply #1 on:
#2
Received the formal rejection yesterday (included in post above).

Highlights include listing signage on a number of adjacent roads not on my route (one which you could only make by driving through a barrier, and one road that doesn't even exist). The rejection letter also suggests motorists should check Newham's website - the same website that says they can't publish all the dates and that the signs should be used instead. It's all a bit farcical.

In any case, the inadequate signage on the route I took seems to have been ignored in the letter, so I guess we are going to tribunal.

I have the video and documents from my formal rejection still. I think I'll go back and get some better photos & video (day time), but apart from that is there anything extra I should be looking to put in my appeal? Is there any difference in outcome of postal vs in-person hearing?

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Re: PCN Newham, Code 12, event day restrictions
Reply #2 on:
#3
You should never, ever go for a decision on the papers, for the reasons explained here: http://forums.pepipoo.com/index.php?showtopic=149680

At what time did you actually enter the zone on the day in question?
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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: PCN Newham, Code 12, event day restrictions
Reply #4 on:
#5
Have you got a daytime video?
Logged
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: PCN Newham, Code 12, event day restrictions
Reply #6 on:
#7
Was back there today. Daytime video attached.



Thoughts on signage? I guess I'm committed to tribunal anyway at this point as the (re)discount period has elapsed.
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Re: PCN Newham, Code 12, event day restrictions
Reply #7 on:
#8
I think you've got a smoking gun there, they cannot possibly argue that sign is adequate.

I'm happy to represent you at the tribunal if you want, but I'm not sure you need me to as I think what you have is more than enough, but it's up to you really.
Logged
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: PCN Newham, Code 12, event day restrictions
Reply #8 on:
#9
Quote from: cp8759 on July 06, 2023, 10:33:51 pm
I think you've got a smoking gun there, they cannot possibly argue that sign is adequate.

I'm happy to represent you at the tribunal if you want, but I'm not sure you need me to as I think what you have is more than enough, but it's up to you really.

Thank you for the kind offer. If you think it's easy enough then I'm happy to go it alone without taking up your time. Assuming there isn't some technical argument that needs to be made, and I just need to show the video, then I think I should be fine.

If I receive an outcome in my favour - am I right in thinking it's still extremely unlikely costs could be awarded for this? Is that even worth requesting? I'm not sure if I do that at the time, or after the tribunal.
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Re: PCN Newham, Code 12, event day restrictions
Reply #9 on:
#10
I'm happy to do the appeal for you, as I'm likely to spot additional issues in the council evidence pack and some adjudicators need guiding to the right outcome.
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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: PCN Newham, Code 12, event day restrictions
Reply #12 on:
#13
Logged
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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