Author Topic: Greenwich  (Read 1230 times)

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Greenwich
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Penalty Charge Notice GR10386704
PCN details
Vehicle registration number   PF20HRJ
Penalty Charge Notice   GR10386704
Date   18/01/2024
Time   11:32
Make   MERCEDES
Colour   White
Was seen in   ELTHAM HIGH STREET
Contravention   Parked wholly or partly on a cycle track or lane

code: 49

I am a delivery driver doing deliver in eltham hight street, there was no loading bay available at the time. there is only one loading bay on the street. I have to park in front of the shop for security reasons.

Please help with this. I should get a ticket as I am delivery driver.

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Re: Greenwich
« Reply #1 on: »
BB holders cannot park on a cycle lane.
You can submit reps on the basis of necessity, but it's not something an adjudicator can over-turn.

Re: Greenwich
« Reply #2 on: »
There is a wording issue re served v occurred;  but, this is not an absolute cert.
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: Greenwich
« Reply #3 on: »
I didnt have a BB. I was out on delivery. Can you help with this representation

Re: Greenwich
« Reply #4 on: »
Loading/unloading is an exemption. I take it you can prove that is what you were doing with a delivery note or some such

Re: Greenwich
« Reply #5 on: »
Section 21 of the Road Traffic Act 1988 does not provide any exemption for loading, but I note the lane in front of the van is advisory only, so the real issue is where does the solid white line stop and where do the dashed lines commence.

Can you give us a link to the exact location on google street view please?
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: Greenwich
« Reply #6 on: »
Section 21 deals with cycle tracks not cycle lanes as this is without digging around IIRC the cycle track is created via a TRO/TMO and the exemption is listed in the CEO handbook and specifies cycle lane only

Re: Greenwich
« Reply #7 on: »
« Last Edit: January 28, 2024, 05:57:37 pm by cp8759 »

Re: Greenwich
« Reply #8 on: »
@cp8759

I was parked in the cycle lane.
there was a van infront, i couldnt park in the bay. so i parked behind the van.

I am running on a time slot basis.
So i have to park outside the shop for health and safety reasons and i may get robbed.

There is only one loading bay.

I am delivery driver for this street.

I am here every day

Re: Greenwich
« Reply #9 on: »
The dashed lines surely mean it is not a mandatory cycle lane, so the offence did not occur.

Re: Greenwich
« Reply #10 on: »
OK @Pastmybest I'll get hold of the TRO.

@Slim07 what evidence do you have to confirm you were making a delivery? Something like a route schedule, delivery notes, anything like that?
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: Greenwich
« Reply #11 on: »
@cp8759

I can prove that i was working.
I can get a run sheet that is was delivering.


Can you represent me.

Re: Greenwich
« Reply #12 on: »
There are two photos of the OP's vehicle, one with a dashed white line appearing from under the front and one with an equally clear solid white line disappearing under the rear.

The focus on the advisory nature of the former rather ignores the existence of the mandatory nature of the latter.

OP, whether you were working or not is not an issue, you may not park on a mandatory cycle lane, and the evidence shows you were.

This might only have been marginal, the photos don't show other landmarks clearly enough to claim. If it was marginal, then an adjudicator could disregard, but it's a gamble.

Re: Greenwich
« Reply #13 on: »
@cp8759

I can prove that i was working.
I can get a run sheet that is was delivering.


Can you represent me.
It's a bit early days to be talking about representation, you never know the council might accept the representation. Please post up or email me whatever evidence you can provide and I'll draft a representation.
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: Greenwich
« Reply #14 on: »
@cp8759

I am attaching below the evidence that i could get which is that i was working on delivery on the alleged day.
Can you please draft up the representation that i can then send.



thank you

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