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62 - parked with one or more wheels on or over a footpath

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#1
Hi all,

PCN: HN1345839A
VRN: K42JOT

This is a continuation from my post on Pepipoo:  http://forums.pepipoo.com/index.php?showtopic=150053&st=0&p=1784986&#entry1784986

GSV 1 Eton Rd
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You can see the full story in my original post, but the car was parked under the assumption it was a parking zone because of the very confusing signage and being told by the Airbnb owner it was okay to park on the street.

I made an initial appeal before checking on the forum explaining it was just a mistake and I did not see the other side of the sign which has a red line to indicate no parking.

The first appeal was rejected and I was told on Pepipoo to wait for notice to owner and appeal again based on the resolution?

PCN sticker:

PCN Rejection Letter:

Notice to Owner:

I don't have my original appeal and I'm not sure if it's retrievable?

I'm not sure what the next steps should be and the discounted rate has passed.

Thanks


Re: 62 - parked with one or more wheels on or over a footpath
Reply #1 on:
#2
I've got this back from the council:



You need to measure the distance from the kerb of Oxford Avenue and the footway parking sign to check that it's 15 metres. The measurement should be taken from the extended kerb, so you can measure from the white lines at the junction.
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: 62 - parked with one or more wheels on or over a footpath
Reply #2 on:
#3
Hi cp8759,

Thanks for retrieving this resolution.

Unfortuntately I don't live anywhere near this place to go back and measure the distance >:(

From memory (and a look at GSV) I dont think the sign was within 15 meters of the white lines at the junction.

Is there any way to proceed without measuring myself? Can it be requested for the council to measure it?

Thanks

Re: 62 - parked with one or more wheels on or over a footpath
Reply #3 on:
#4
To be honest from measuring it via google maps, 15 meters seems about right:



There's no point in asking the council as they'll say it's correct.

Have you made representations against the Notice to Owner yet?
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: 62 - parked with one or more wheels on or over a footpath
Reply #5 on:
#6
You've lost the discount and the deadline to make representations is midnight on Sunday. At this point you might as well put a plea for discretion asking for the discount to be re-offered, there's no point in just paying the full amount now.
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: 62 - parked with one or more wheels on or over a footpath
Reply #7 on:
#8
For posterity:

Further to the response below, please be advised that Democratic Services have conducted an extensive manual search of their records and have provided the following information, which is attached:

1) Works Committee report - 7th September 1987 - to consider and ratify the recommendation of the Working Party minutes (see below).
2) Works Committee minutes - 7th September 1987 - showing the ultimate resolution on Eton Road.
3) Working Party minutes - 15th June 1987.

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