Author Topic: Barking & Dagenham PCN 14 parked in an electric vehicle space without charging  (Read 1775 times)

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In short:
The so-called parking place is on a road, albeit the footway;
The restriction in the parking place applies 24/7;
There is a single yellow line on the carriageway indicating a waiting restriction;
This restriction applies to the footway as it does to the carriageway;

= signs which conflictingly state that you may wait in the road outside of the restricted waiting hours but not in the parking place unless you comply with those parking restrictions.

Nonsense.

And if you want further proof, go to GSV and move along the road to where 24/7 disabled bays have been placed on the carriageway. Here you'll see that the same yellow line stops short of the parking places and commences afterwards, as is right and proper because you cannot have two conflicting restrictions (each with their own exemptions) in place at the same time.

The council for some reason think that it's OK to place your parking place within the scope of the yellow line and pretend it's not there.

In my opinion.

Thank you for the recent responses. I'm unsure if it's helpful now, but here is the email from the company:
Can we please see your email to the company that they are responding to?
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

I had to fill in a "contact us" form on their website

The CEO only observed me for a few minutes

We've won this argument where a pay and display machine was kaput, I would argue that it's the same principle.

Could you direct me to a post on this please? I've tried searching but cannot find one.

Could you direct me to a post on this please? I've tried searching but cannot find one.
Have a look at the cases on rows 135 to 140 (excluding 138 and 139) here.
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

So unsurprisingly, I have received a notice of rejection.

Is there anything further I
should add in my appeal documents?





We need to see what your wrote in order to see how well they have considered your challenge.

Please see reps attached. I also enclosed the email from the operator of the charging point confirming that it was broken




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@Liffey well at this point there's nothing to be lost in carrying on so you might as well appeal. I'll drop you a PM in case you would like to be represented.
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

DNC'ed.
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