3. Croydon PCN (01) parked in a restricted street during prescribed hours
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Croydon PCN (01) parked in a restricted street during prescribed hours
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Hi everyone,
Just reposting this from pepipoo.com to keep everyone updated on the outcome.

Another PCN with Croydon, this time I took my uncle who has a blue badge, to Croydon and parked in Frith Road on a single yellow line, but of course I forgot to display the timer on this occasion. From what I can tell there are no loading restrictions on that part of the road.
This was a bank holiday but have read that parking restrictions on yellow lines are still in force during bank holidays.
What is the best way to appeal this?

I have noted that the phone number on the back of the PCN is still an 0845 number, so not sure if this is still a basis for an appeal?

Kind regards.

26 Frith Rd
https://maps.app.goo.gl/QBJm6tNCDMMTVNDb9

https://flic.kr/p/2oFEcVW

https://flic.kr/p/2oFKevY

I have appealed to Croydon requesting discretion on this occasion.
The only problem is, is that they have exercised discretion before for me.
I will keep you updated.

Kind regards
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #1 on: »
The 0845 ground is likely to win against Croydon, if nothing else because they won't understand it.

Post the council rejection on here when it comes through.
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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
Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #2 on: »
Thank you CP
I will do 👍
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #3 on: »
Hi everyone, I'm a bit late to post these as have been very busy.
I got a reply from the council back in June and this was their reply.

https://flic.kr/p/2oYauDx
https://flic.kr/p/2oYauDY

I decided to wait for the NTO and I received it around the 7th of August.

https://flic.kr/p/2oYauCL
https://flic.kr/p/2oY4Zca
https://flic.kr/p/2oYauDT

What should my next step be?
Kind regards
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #4 on: »
What did you say in your informal representations? Please either post a copy, or if you didn't keep one, recreate it from memory as best you can.
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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
Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #5 on: »
Hi Cp.
Here is the copy I sent them.

https://flic.kr/p/2oYdRcL

Kind regards
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #6 on: »
Is there any particular mitigation you can put forward?

We can use the 0845 argument but if there's any mitigation we should put that forward as well.
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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
Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #7 on: »
On their response to my initial reps, they say that I was parked on a single yellow line when I was not allowed to, surely this is wrong, as with a blue badge, you are allowed three hours to park on that section of the road as there are no lines on the pavement restricting you.

In their response they are essentially saying that you are not allowed to park there at all during certain hours. Not once in the response did they say that due to the failure of displaying a clock they would not allow the reps.
Surely this is a mistake on their behalf?
Or is this wrong on my half?

Kind regards
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #8 on: »
Also, this is the entrance to Frith Road.

In the rejection, croydon says that restrictions times may be displayed by the entrance to the controlled zone,  but I never saw these controlled times.

https://maps.app.goo.gl/8LEyCoU8ZXXLn9ie6
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #9 on: »
Their letter also refers to you having had a recent PCN cancelled in similar circumstances, and that you were told they would not cancel again if those circumstances occurred again. Can you please tell us about this case, because on the face of it, they have failed to consider your reps.
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #10 on: »
The circumstances of that pcn was that a blue badge was not displayed on the dash of the car at all when it was parked near my house in the disabled bay.
I appealed to them on that occasion to use discretion as my uncle was visiting at the time who has a blue badge, I also sent them a copy of it.

Kind regards
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #11 on: »
The zone entrance signs are on the boundary of the zone, the car was in the Croydon Central zone, see the map here.

Like many zones, it covers multiple streets so to defend the allegation on the signage, you'd have to determine exactly where the car entered the zone, and then you'd have to go and check the signage at that location. It does happen that the signs are obscured, missing, bent, turned around and so on.

On the other hand we only have until Wednesday to make reps, so we might have to limit ourselves to a plea for discretion + the 0845 point, and leave any issues of signage for the tribunal stage.
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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
Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #12 on: »
Ok, thank you CP.
I will go which ever way you advise on this.
As going back to Croydon the exact same route and looking out for the signs will be time consuming considering the time is nearly up.

Kind regards
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #13 on: »
But, I can tell you that I came down past west Croydon station from London Road then turned right onto Tamworth road, followed it all the way down to drummond Road and then took a left into Frith Road. This is the way I always go into Croydon.
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Re: Croydon PCN (01) parked in a restricted street during prescribed hours
« Reply #14 on: »
Ok, I've just looked at Google Street View, there is a controlled zone sign just after west Croydon station before you turn right into Tamworth road. Easily missed, especially if there is a bus in the bus lane.
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