Author Topic: Haringey, Code 02, Parked in a restricted street (double yellow), Redvers Rd, N22  (Read 253 times)

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Hi all,

Was working in Haringey today. Just for a bit of background, I work for a contracting company for Thames Water and my job is leakage detection and monitoring. This involves going to multiple fire hydrants/valves, inspecting them, installing a logging device and reporting anything wrong. Each job takes less than 10 minutes. Well at one of the sites, I parked as normal and finished my work, only to find a ticket on the windscreen. Warden snuck up whilst I was crouched behind my van working and left without me noticing at all! I had my flashing beacons on, hazards, safety barriers out and full PPE. I parked on a double yellow with no signs, not obscuring the road or pedestrians. Because the work is under 15 min, I do not need to set up traffic management as stated in the red book (Safety at Street Works and Road Works: A Code of Practice). The CEO in his photos intentionally left me out despite me being super close to the van and took the exact same photos 4 times. Permit to work is a grey area because Thames say the hydrants are their property, so they don't need a permit to work on them but councils don't accept that.


I believe that there are grounds for appeal because the work is essential. Besides the LBF, we are the only few who regularly see fire hydrants. If they look in a rough state, it is OUR duty to report it, a matter of public safety. I also have photographic evidence of me completing my work because we have to take site photos.   


https://imgur.com/a/8gNBB5X
https://maps.app.goo.gl/TbSc3CQu5VT8CQ5o6

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Most TROs that set up parking restrictions have clauses about emergency and service vehicle exemptions.

Can I assume you don't own the van ? Whilst as a PCN recipient at the roadside you can submit an informal challenge, the fact is that it is the owner of a vehicle has the legal responsibility for a PCN, incl appealing and payment. So I suggest you check with your company what the arrangements are for dealing with PCNs, because informal reps are almost always refused.

We have to pay the parking fines ourselves.

We have to pay the parking fines ourselves.
Yes, but what if you don't pay and want to fight the matter ? If it's the company's van, they will get the Notice to Owner in the post. Will they authorise you to act for them to submit representations ? This also applies if you get as far as London Tribunals. If you lose there, the full PCN penalty is payable.

Only council website appeal and the representation but not tribunal. And they want us to act individually not on behalf of the company.

I wouldn't get distracted by this point because you're not there yet and hopefully won't be.

Thames say the hydrants are their property, so they don't need a permit to work on them but councils don't accept that.

With respect, this is far too sweeping a position for Thames to take. As far as I know, a pan-London Permit scheme is operated by some but not all London boroughs and Thames is not allowed to simply ignore these requirements - there is also a default scheme under the TMA.

But these are NRSWA issues. I don't know that any failure under this affects the position regarding parking contraventions and any exemption you might claim arises under each council's traffic order.

I suggest you maker reps along the lines of:

You are a contractor working for a utility company. The nature of the work - inspection/repair/alteration of utility equipment situated in the carriageway - necessitated you leaving your vehicle at the location as it was not possible to carry out these works having regard to your and the public's safety without doing so. You cannot understand why the CEO's photos do not show you with your vehicle as you were in attendance at all times. At the time given in the PCN the works were ongoing because you had not removed the safety barrier at the site as can be seen in the photos.

Having regard to the exemption granted to utilities and their contractors under the provisions of the relevant traffic order you should be grateful if the council would cancel the PCN.

Regards,

Enclosed is a schedule of your work on that day.

Thank you for your help!

You need to spell it out where you were in relation to van as the CEO pics don't help as you weren't that close to van it seems.





2nd picture, bottom left corner you can see the barriers. Worth pointing out?

Of course. It's their evidence and supports your contention that the works were not completed and because they weren't then by implication you must have been in the vicinity, yes?