3. Hackney / 01 / Parked in a restriction street....
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Hackney / 01 / Parked in a restriction street....
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #1 on: »
Hi
Any advice?
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #2 on: »
Nothing seems to display with any of your Hackney links. 

PS: I'm sure I've seen this thread before somewhere; have you got one running on Pepipoo ?
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #3 on: »
Hi
I don't know why the links didn't work. I am uploading the images again.
I did not post this PCN anywhere else besides in this thread.

Your further advice is highly appreciated.

Kind regards

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Re: Hackney / 01 / Parked in a restriction street....
« Reply #4 on: »
You don't seem to have posted the PCN.  It is essential we see all sides of it.

HOwever, I think I see the issue. the rear of your car is over the double-red lines, and not totally over the double-yellows.
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #5 on: »
Hi
I uploaded the PCN in my first message, uploading it again here.

If you look close, the tyre isn't on the red lines.

Kind regards

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Re: Hackney / 01 / Parked in a restriction street....
« Reply #6 on: »
Quote
If you look close, the tyre isn't on the red lines.
It doesn't have to be, it is the car that counts, and part of your car is over the double-red lines. However, until we see the actual PCN, giving proper advice is impossible.
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Re: Hackney / 01 / Parked in a restriction street....
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #8 on: »
With respect, the Red Lines are a red herring. The contravention is parking, not stopping, as it would be if red lines were involved, and the enforcement authority would be TfL, not Hackney.

This is about the driver parking on DYL when not exempt from the restriction because a clock has to be displayed correctly to qualify for the exemption. 
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #9 on: »
Agree, now that the OP has shown us the PCN !
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #10 on: »
It does help, doesn't it  :)
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Re: Hackney / 01 / Parked in a restriction street....
« Reply #11 on: »
Looking at The GLA Roads (No.3) Designation Order 2008, entry 14 on page 30 says:

A107 (CLAPTON COMMON), both sides from its junction with Stamford Hill to its junction with Upper Clapton Road

So, how is that bit of Clapton Common not a GLA road? I say it is.

Paragraph 2(5) of Schedule 8 to the Traffic Management Act 2004 says:

(5)References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are—
(a)as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London;

(b)as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated.

Ergo Hackney is not the enforcement authority for this road so the PCN is ultra-vires and invalid.

@SMPL I see you've paid the PCN but you have my contact details, next time maybe drop me an email first.
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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
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