3. Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
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Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
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Hello

I have been parking in this exact spot on most Saturdays for the best part of 4 yeras (except for during covid lockdown). I have never received a PCN or parking fine and I don't think that spot used to be a restricted loading space, but I don't know for sure. There are lots of free parking spaces that look exactly the same along the same street. I'm pretty sure I'd checked parkopedia and signage when I first started parking there, but have no idea at what point that space turned into a restricted loading space.

I parked at 9am as normal the Saturday just gone (9th Sept) and on my return was surprised to find a PCN. If I'd known it was a restricted loading bay, I would have parked in one of the other free spaces on that street, or in a nearby street.

pcn front - https://imageupload.io/kU6qMQkaytDs6gz
pcn back - https://imageupload.io/4PSLFTR87KCrXTG
pcn sleeve front https://imageupload.io/4aRL5ifWx4uWsZs
pcn sleeve back https://imageupload.io/fRtmA4jlGdSst5S

Location streetview - https://www.google.com/maps/@51.463309,-0.1...i8192?entry=ttu

To view PCN on Lambeth Council website - https://pcnevidence.lambeth.gov.uk/pcnonline/index.php

What, if any, grounds do I have for appeal?

Any help appreciated.
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #1 on: »
There is something dodgy about that imageupload site as I get bogus messages. Please send a copy of the pcn to me mrmustard@zoho.com or put on imgbb which is safe.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #2 on: »
Weird, I don't get any messages. Have uploaded to imgbb:

pcn front - https://ibb.co/7tB2MPW
pcn back - https://ibb.co/NNw5g1p
pcn sleeve front - https://ibb.co/X2XQxrC
pcn sleeve back - https://ibb.co/kS2Hrpz

Also my pics from the day in case helpful:

Road lines:
https://ibb.co/d4RhCmB
https://ibb.co/kx101dL
https://ibb.co/V9gdnmW
https://ibb.co/KbxS3pm

Sign:
https://ibb.co/YkyT62s
https://ibb.co/kVL2mZh
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #3 on: »
Thanks for doing that.

It has been a laoding bay for at least a decade if you look back on google street view.

There is the 28 day wording error on the PCN.
There is the inadequate siting of the sign which blends in with advertisements also mounted on the wall, some other signs locally are on poles.
The bay markings are wrong, they should be three sided, there should not be any on the carriageway.

The Lambeth meeting men like to see me at the tribunal (I was there at the same time as them yesterday) and I am happy to fight this PCN to the end. If representation is required please email mrmustard@zoho.com
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #4 on: »
That's very kind, thanks for your offer, I'd be grateful for your representation.

Have emailed you using my hotmail email address.
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #5 on: »
Apologies, posted the wrong streetview link in original post.

Correct Streetview - https://maps.app.goo.gl/X6eJ3V9YZoJZfsnN8
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #6 on: »
This used to be a Mon-Fri restriction and less hours too, but was changed fairly recently to the present restriction. 
OP, did you ever look at the sign when parking all those years ?

You posted in Pepipoo and MMV Redux found the update, which is part of a raft of changes
https://www.thegazette.co.uk/notice/4400304
I then trawled through it and found the changed restriction: -
Quote
(v) in Old Town, the north-east side, (i) extend the operational times of the existing loading bay opposite The Polygon so that it operates on Monday to Sunday between 7am and 7pm; and (ii) relocate the existing loading bay opposite Nos. 32 to 36a Old Town to opposite Nos. 28 to 32 Old Town; and (iii) introduce double yellow line “at any time” waiting restrictions opposite Nos. 32 to 36a Old Town;

So if you're up for it, Mr Mustard will diligently represent you at London Tribunals.
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #7 on: »
Quote from: Incandescent on September 15, 2023, 10:40:40 pm
This used to be a Mon-Fri restriction and less hours too, but was changed fairly recently to the present restriction. 
OP, did you ever look at the sign when parking all those years ?

You posted in Pepipoo and MMV Redux found the update, which is part of a raft of changes
https://www.thegazette.co.uk/notice/4400304
I then trawled through it and found the changed restriction: -
Quote
(v) in Old Town, the north-east side, (i) extend the operational times of the existing loading bay opposite The Polygon so that it operates on Monday to Sunday between 7am and 7pm; and (ii) relocate the existing loading bay opposite Nos. 32 to 36a Old Town to opposite Nos. 28 to 32 Old Town; and (iii) introduce double yellow line “at any time” waiting restrictions opposite Nos. 32 to 36a Old Town;

So if you're up for it, Mr Mustard will diligently represent you at London Tribunals.

Thanks Incandescent. Ah yeah I do remember looking at the sign the first time I parked but it never occurred to me that parking restrictions might change so never looked at it again after!

Yes, you're right these are recent changes and I've gratefully accepted Mr Mustard's help  :)
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Re: Clapham Common, code 25 parked in a restricted loading place, Old Town, London Borough of Lambeth
« Reply #8 on: »
Update

18 September: Informal challenge, in brief as was three A4 pages. 1. bay lines not compliant. 2. Signage inadequate. 3, PCN wording invalid.

29 September: Informal rejection. Nothing wrong, you contravened.

18 October: Notice to Owner.

21 October: Formal representations. 1. bay lines not compliant. 2. Signage inadequate. 3, PCN wording invalid.

13 November: Notice of acceptance. PCN cancelled because of 'a procedural error' (unspecified).

This demonstrates that it doesn't matter if an enforcement authority rejects your informal challenge you can make the identical challenge at the formal stage and have it accepted. Authorities wrongly reject many informal challenges because they know the public generally don't have the staying power to fight or the knowledge of an FTLA expert.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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