3. Barking & Dagenham - Contravention Code 62
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Barking & Dagenham - Contravention Code 62
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Hi

Really could do with some help with this PCN if possible.

My wife recently received a PCN for parking over our dropped kerb, with a contravention code 62.
(Parked with one or more wheels on any part of a road other than the carriageway).

This is what really annoys me  >:( 
Pavement parking has always been permissible on our road as marked bays extends on to the footpath, so you would automatically assume  footway parking is allowed.

I suspect the reason why the council issued my wife a PCN is a way to to inform her that she must also  purchase an additional dropped kerb permit in addition to her resident permit. This point was raised in the council rejection letter.

This is a new thing the council bought in recently which they have not formally informed the residents on.
To top it off, the CEO who issued the PCN  parked in my neighbours disabled bay just to issue the ticket.

Is there any avenue I can explore to get the PCN cancelled if possible.

I am currently at the NTO stage with my informal challenge being rejected.

From the pictures attached You can see how my wife car was parked, and the bay opposite has  marked bays which extends over the footpath.

there are no signs which advises motorist that footway parking is allowed only in marked bays.

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« Last Edit: April 21, 2024, 10:35:37 pm by tlogic »
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Re: Barking & Dagenham - Contravention Code 62
« Reply #1 on: »
Read this and update your post accordingly, please. Documents received are very important in deciding what advice to give,
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Re: Barking & Dagenham - Contravention Code 62
« Reply #2 on: »
Hi,

I have uploaded a copy of both the PCN and NTO.

Any help will be greatly appreciated.

Even if it's a comment telling me I'm  wasting my time in appealing and to just pay the fine.

thank you.

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Re: Barking & Dagenham - Contravention Code 62
« Reply #3 on: »
Can you please post a GSV link to the exact location on Cavendish Gardens, please.

Quote
This is what really annoys me  >:(
Pavement parking has always been permissible on our road as marked bays extends on to the footpath, so you would automatically assume  footway parking is allowed.
I'm afraid not. At the moment, the basis for these marked bays is not known, and you cannot assume anything at all.

However, you haven't posted your informal challenge to the PCN, and their response. Please do so.

Looking at GSV it's clear you are in a CPZ, here is one of the entrance signs: -
https://maps.app.goo.gl/QrwcrkFkqHdxzab37
This controls the times of the single-yellow lines. It doesn't control or allow off-carriageway parking. There seem to be no signs permitting off-carriageway parking, the inference being that by painting bays with a controlling sign, that is sufficient. It may well be, but I'm not an expert on this aspect of London-specific law, so wait until others have commented, but don't miss the deadline on the NtO to pay, or submit a formal representation.

Another aspect of your case is the PCN itself.  It is not compliant with Chapter 1 Section 3(1) of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
3(1)(c) is missing, so as this is a mandatory piece of information, the PCN can be considered void in not containing it.

https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
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Re: Barking & Dagenham - Contravention Code 62
« Reply #4 on: »
Thank you for your reply Incandescent, much appreciated.

I think I have now managed to upload the images correctly  :).

Regarding the council rejection letter, i'm struggling to locate this, however I will look for this again when I get home later.


Is it worth structuring my appeal on the basis the original PCN is non compliant with "Chapter 1 Section 3(1) of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022"
 due to the PCN  missing mandatory information as mentioned in your latest post ? 

I have read the clause below multiple times (noted below), but i'm struggling to understand what it's trying to say  :-[

"3(1)(c) that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner"













Google Street view location: https://maps.app.goo.gl/QCbMP8nBR2xjj2468
« Last Edit: April 24, 2024, 12:48:29 pm by tlogic »
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Re: Barking & Dagenham - Contravention Code 62
« Reply #5 on: »
Quote
I have read the clause below multiple times (noted below), but i'm struggling to understand what it's trying to say  :-[

"3(1)(c) that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner"
It h as to be read in conjunction with the previous clauses.  Essentially, it is telling you that if you have submitted reps against the PCN and a Notice to Owner turns up, but you haven't had a response to your reps, that you must respond to the Notice to Owner.
People have often submitted reps, got not response and an NtO turns up, and think "well, I've already submitted representations, so I don't have to submit them again", and then lost their right to make reps when the period to pay or submit reps stated on the NtO expires.
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Re: Barking & Dagenham - Contravention Code 62
« Reply #6 on: »
@tlogic we have a whole array of cases exactly the same or very similar to yours:

Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016)
Yasmin Robinson v London Borough of Redbridge (221007511A, 29 March 2021)
Aliecee Cummings v London Borough of Lewisham (219023696A, 18 July 2019)

Here is a draft representation (the representation must come from the person named on the notice to owner, if the car is registered to your wife the representation needs to be made in her name):

Dear London Borough of Barking and Dagenham,

I challenge liability on the ground that the alleged contravention did not occur. There are footway parking bays on Cavendish Gardens and footway parking has been permitted for over a decade. If you look at the latest images from Google street view at https://maps.app.goo.gl/c1LSrTRKcJhJVxwH8 you can actually see my car parked on the right in exactly the same position as it was when the penalty charge notice was issued.

There are 11 Google Street View captures between September 2008 and March 2022 and in every single instance cars can be seen parked with two wheels on the footpath, this combined with the presence of footway parking bays and the fact that there has to my knowledge never been any footway parking enforcement led me to understand that footway parking is in fact permitted on this road, as it always has been.

Certainly if the local authority has decided to prohibit footway parking, or restrict footway parking to marked bays only, I would expect the local authority to take steps to inform road users of this change, this would normally be done by the use of signs prescribed by diagram 667.1 together with an auxiliary panel stating "In marked bays", however no such signs are present on the road. I would also have expected local residents to be consulted on this change, but I have not received any notification in this regard.

In any event as footway parking is permitted on at least some parts of Cavendish Gardens, the local authority must have passed a resolution under section 15(4) of the Greater London Council (General Powers) Act 1974, and I cannot know if I was in breach of the terms of the resolution without seeing a copy. Therefore if you a minded to refuse this representation, I request that you provide a copy of the resolution so that I may satisfy myself that the footway parking bays are correctly marked on the road.

Yours faithfully,

Send this online and keep a copy as well as a screenshot of the confirmation page.

Also many thanks for posting all the documents properly, this makes our job much easier and you'd be surprised at how few people actually following the posting instructions properly.
« Last Edit: April 28, 2024, 03:37:34 pm by cp8759 »
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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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Re: Barking & Dagenham - Contravention Code 62
« Reply #7 on: »
Quote from: cp8759 on April 28, 2024, 03:35:37 pm
@tlogic we have a whole array of cases exactly the same or very similar to yours:

Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016)
Yasmin Robinson v London Borough of Redbridge (221007511A, 29 March 2021)
Aliecee Cummings v London Borough of Lewisham (219023696A, 18 July 2019)

Here is a draft representation (the representation must come from the person named on the notice to owner, if the car is registered to your wife the representation needs to be made in her name):

Dear London Borough of Barking and Dagenham,

I challenge liability on the ground that the alleged contravention did not occur. There are footway parking bays on Cavendish Gardens and footway parking has been permitted for over a decade. If you look at the latest images from Google street view at https://maps.app.goo.gl/c1LSrTRKcJhJVxwH8 you can actually see my car parked on the right in exactly the same position as it was when the penalty charge notice was issued.

There are 11 Google Street View captures between September 2008 and March 2022 and in every single instance cars can be seen parked with two wheels on the footpath, this combined with the presence of footway parking bays and the fact that there has to my knowledge never been any footway parking enforcement led me to understand that footway parking is in fact permitted on this road, as it always has been.

Certainly if the local authority has decided to prohibit footway parking, or restrict footway parking to marked bays only, I would expect the local authority to take steps to inform road users of this change, this would normally be done by the use of signs prescribed by diagram 667.1 together with an auxiliary panel stating "In marked bays", however no such signs are present on the road. I would also have expected local residents to be consulted on this change, but I have not received any notification in this regard.

In any event as footway parking is permitted on at least some parts of Cavendish Gardens, the local authority must have passed a resolution under section 15(4) of the Greater London Council (General Powers) Act 1974, and I cannot know if I was in breach of the terms of the resolution without seeing a copy. Therefore if you a minded to refuse this representation, I request that you provide a copy of the resolution so that I may satisfy myself that the footway parking bays are correctly marked on the road.

Yours faithfully,

Send this online and keep a copy as well as a screenshot of the confirmation page.

Also many thanks for posting all the documents properly, this makes our job much easier and you'd be surprised at how few people actually following the posting instructions properly.

Hi CP879,

Thank you so much for your detailed posts.

This is greatly appreciated.

I will issue the above ( in wife name) and keep you all updated as to how I get on.

Thanks again.  :)

 

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Re: Barking & Dagenham - Contravention Code 62
« Reply #8 on: »
Hi All,

So this morning I was greeted with a rejection letter from the council, below is their response.

It's nice of them to offer me a 50% discount once more as a good will gesture:







Next set of pages is the standard details for the London Tribunals.

So what next guys, shall I take I lodge the appeal with the adjudicator?

You can see from their response,  they have just provided a standard response and haven't really addressed the points raised in my previous letter nor have they provided a copy of the resolution as previously requested?
« Last Edit: May 15, 2024, 09:08:34 pm by tlogic »
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Re: Barking & Dagenham - Contravention Code 62
« Reply #9 on: »
The rejection looks like templated drivel, so if it were my penalty I'd carry on. You can represent yourself or I can represent you if you'd like to instruct me (I'll drop you a PM about that).
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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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Re: Barking & Dagenham - Contravention Code 62
« Reply #10 on: »
Apologies the late reply but I'm currently going through the same thing with the same council, in digging around the council website I came across this may hopefully be of assistance (assuming this case is still ongoing).

https://www.lbbd.gov.uk/parking/parking-permits/parking-permit-terms-and-conditions

"Parking across dropped kerbs should be in alignment with resident parking bays on the street; if the resident parking bays are wholly on the carriageway or are partially on the walkway, the dropped kerb parking should be in the same fashion."

The above applies to the rules once you have a dropped kerb waiver, the pertinent point though is that it instructs you to park exactly the way the original posters wife did.
Hope this isn't too late to be of assistance, I've had the informal appeal rejected but plan on taking this further......
« Last Edit: October 16, 2024, 11:06:51 pm by delbert »
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