Author Topic: Enfield - Code 16 - Fallen leaves on permit bay marking - Princes avenue  (Read 462 times)

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I received a windscreen PCN for code 16 - parking in permit area without displaying permit. It was disabled permit bay, where the driver was not aware of the permit space or zone, as the lines outlining the restricted zone was obscured by fallen leaves the night before when the driver parked the vehicle. There are no secondary signage or vertical post identifying the restricted zone. So the driver had nothing to indicate any restriction. No other restriction on parking exists on this street. My representation detailing that was rejected without any explanation. I am waiting for the Notice to Owner to appeal that

The obscured lines can be seen in the enforcement officer's photos. The leaves were pilled thicker the night before and in the darkness the lines were not visible at all. Even in daylight from a drivers point of view the lines are not visible, as can be seen in my own photos from the night before.

Any help with my appeal will be greatly appreciated. It will be also good to know if my appeal is unlikely to be successful so i can pay the discounted fine. I have attached links below for the relevant documents.


PCN - https://imgur.com/a/HJpDBoY
Enforcement Photos - https://imgur.com/a/PoXr2oQ
Google map - https://maps.app.goo.gl/3j4BiQQnEeGZFSxN7

My photos - https://imgur.com/a/Qyb6Iov

Representation - https://imgur.com/a/oPAhaLi
Rejection letter - https://imgur.com/a/hGJb3Ld

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Re: Enfield - Code 16 - Fallen leaves on permit bay marking - Princes avenue
« Reply #1 on: »
Unusual for there not to be a bay sign and although words painted on the road may be enough in law I don't think the council would win at the tribunal in this set of circumstances. Also, the 28 days is wrongly expressed, it should refer to the alleged contravention date and I have won with this argument at the tribunal. Email me once you receive the Notice to Owner. mrmustard@zoho.com
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: Enfield - Code 16 - Fallen leaves on permit bay marking - Princes avenue
« Reply #2 on: »
Thank you. I will wait for the NTO and get in touch then.

Re: Enfield - Code 16 - Fallen leaves on permit bay marking - Princes avenue
« Reply #3 on: »
Trust Mr M.

2230448785
« Last Edit: January 13, 2024, 08:00:18 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Enfield - Code 16 - Fallen leaves on permit bay marking - Princes avenue
« Reply #4 on: »
For the forum, here is the NTO for this PCN, with the full penalty charge now due. I will email Mr M. as well.

NTO Page 1-4 - https://imgur.com/a/LT6Oeox

Time to bring you all up to date.

I made the formal representations on 27 February that without a sign the restriction was not adequately communicated if parking at night.

The council rejected the reps on 2 April on the grounds that signage was OK.

On 3 April I started the Appeal to London Tribunals.

There was an in person hearing on 9 May (one of several I had that day) and the adjudicator didn't have time to write up all of his decisions and then was away for a month. I nudged him 2 weeks ago when I saw him again and he has now written up the decision.

case 2240155513

The Appellant’s grounds for contesting the PCN as set out in his original representations were that the carriageway legend DISABLED showing the nature of the bay was obscured by leaves. Whilst the photographs, taken in daylight, show that it was not entirely invisible, nevertheless its visibility was substantially compromised, and I am not satisfied that for a vehicle parking in the hours of darkness, as occurred in this case it would be clear enough to draw the motorist’s attention to the fact that the bay was a disabled bay. A time plate is no longer required but this is a case where if one had been present I might well have held the signage to be adequate.

The Appeal is allowed for this reason and it is therefore on this occasion unnecessary to consider the other arguments advanced by Mr Dishman.

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.

well done
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