Author Topic: Broom Park Teddington, PCN for parked in a resi zone [code 12] [30 May 24]  (Read 1244 times)

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Barmy, parked in a resi street for no more than 25 mins and got a ticket! No traffic wardens to be seen so I suspect that perhaps the locals may be allowed to ticket cars? Didn't see the warning sign, still not sure where it was located.

Anyhoo, paperwork below + some pics that they took. Any failings on their part to allow me to contest?

TX.





« Last Edit: June 06, 2024, 03:52:58 pm by terminator x »

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25 minutes is a very long time to be parked in contravention in London, as the streets are flooded with CEO patrols to bring the money in !
Here is the sign at the southern entrance to this development: -
https://maps.app.goo.gl/qFWE2rYrtGWSK2KTA
and here's the northern entrance, which also emphasises with signs that it is a private estate: -
https://maps.app.goo.gl/3qTWLmnPQdVYoQS39
So why were you parked there ? If you were visiting a resident, I would have thought there is a visitor permit system in operation, either a physical scratch-card, or a virtual book on-line process.

I work in construction and there is a new project just started. I normally park "on site" however that day they were slow to open the gates so I thought no worries just park in the street next door! How wrong I was!

TX.

Here are the CEO notes:



The road layout looks odd:

https://maps.app.goo.gl/QfCzPL4EeMRnWH6ZA

Private gardens: https://maps.app.goo.gl/AjcAZ3RgVkftBFKPA

Private estate residents only: https://maps.app.goo.gl/Ge7kraJe3WSodCwT9

Private estate residents only: https://maps.app.goo.gl/YzvZh9v1KxjEkHMe7

Still, it's an adopted highway according to the list of highways maintained at public expense.

@terminator x if you were working on a construction site why would you go back to your car within 25 minutes?
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

@cp8759

Thanks for that; do you think that as it's an adopted highway there is no way to enforce a parking ticket?

Also they have no photo's of the initial observation time eg 1032, they only have it from 1038; don't they need to allow 10 mins or something grace period?

I was only on site for that time as I was just visiting to take photo's of progress rather than working there all day.

TX.

Thanks for that; do you think that as it's an adopted highway there is no way to enforce a parking ticket?
You have that back to front, an adopted highway is one that the council is responsible and they can enforce. I think the more relevant issue is that if they have not make a traffic order imposing any restrictions, then regardless of whether the road is adopted or not and regardless of how much yellow paint is splashed along the carriageway, there are no waiting restrictions to enforce.

Also they have no photo's of the initial observation time eg 1032, they only have it from 1038; don't they need to allow 10 mins or something grace period?
There is no grace period, either you're in contravention or you're not. With a limited exception related to parking bays, grace periods are just a myth.

I was only on site for that time as I was just visiting to take photo's of progress rather than working there all day.
OK well the best hope is that the traffic order doesn't exist, and then it's open and shut. As you weren't driving a works vehicle and it wasn't necessary for you to use a vehicle to go and take some photos, I don't think we can claim any of the exemptions for building works.
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

@cp8759

Is my best reply then to just assume a TO does not exist so nothing to enforce? Thanks for help so far.

TX.

No, I think your best bet is the strategy of last resort, if you have any meaningful mitigation worth mentioning. Do you have any?

You don't want to go in all guns blazing saying there is no traffic order, because if there is you'll look very silly indeed. By the time you get a rejection, we should know for sure if there is a traffic order and if there is one, we'll know what it says.
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

@terminator x here is The London Borough of Richmond upon Thames (Broom Park, Teddington) (Parking Places) Order 2018.

Do you have any paperwork or photos confirming why you were there?
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

@cp8759

Apologies but I had to reply to them before you posted your last post above. I fell on my sword as someone suggested and just asked for lenience ish, my response below:

"I have not been to this area before and did not realize that parking was restricted; the signage is inadequate. There is one very small sign as you enter the road (I did not see this) and then no other signage at all. See image below:
https://maps.app.goo.gl/QfCzPL4EeMRnWH6ZA
I work in construction and usually park on the site itself (so not the street or any other local street) for 20-25 minutes however this particular morning the gate was shut with no obvious other place to temporarily park other than the street in question. Again I saw no signage on entering the street and there was no signage at all once inside the street. If I had seen some signage then I would have moved on.
On this basis I appeal to your discretionary power not to enforce.

If the above appeal is not accepted then I reserve my right to raise other objections later."


They took their time but have of course refused to accept. Their letter is as link below:

https://ibb.co/cQJqjHg
https://ibb.co/jfRLjsm
https://ibb.co/9hK95g0

Is it worth fighting at all as if I wait for the NTO it will be £110 fine vs £55 if paid early. Thanks all.

TX.

Is it worth fighting at all as if I wait for the NTO it will be £110 fine vs £55 if paid early. Thanks all.
If you wait for the notice to owner and then challenge it within 14 days of the date of issue, the council will normally reoffer the discount even if they reject.

That being said there might be a winning technical argument based on the information given on the council website, but I can only check this properly once you get the notice to owner. The cases on rows 593 to 609 here explain the issue.
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


Hi all.

Any views on the attached file? 14d is up Tue next week!

TX.

So above someone said "OK well the best hope is that the traffic order doesn't exist, and then it's open and shut."

How do I find and check the TO?

TX.

Hi all.

Any views on the attached file? 28d is up Tue next week! Fine now back up at £110 ...

@cp8759 can you help at all?

TX.