Author Topic: Havering, code 24, not parked within marked bay, St Mary's Lane  (Read 1754 times)

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Havering, code 24, not parked within marked bay, St Mary's Lane
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Hi there, I was issued a council PCN on 3rd Jan for parking outside of the marked bay. At the time there were cones either side of the bay obstructing me from parking inside a bay but the bay I used was definitely available to park in. The traffic warden himself said to appeal. I did appeal, however, they upheld their decision siting that the regulations are clearly shown and that I can either pay £90 (having unknowingly waived my right for a reduced amount when I appealed) or wait to make a formal representation of refer the case to London Tribunals.
I returned to the street where I was fined and there are no notices stating I have to park within the marked bays.
Please can I have advice on best next steps?

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Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #1 on: »
The photo shows very worn bay markings. Can you post a GSV link to the exact location, please. Havering have now made a rod for their own back, because by not re-offering the discount, (against the statutory guidance BTW), it is now a total no-brainer to take them all the way to London Tribunals. This means they have the PITA of preparing an evidence pack and also must pay the adjudication fee.
So wait for the NtO. This is sent to the name and address on the V5C Registration Certificate, so is this you or not ?

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #2 on: »

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #3 on: »

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #4 on: »
I'd say the cones are there to segment a permitted parking place not worn markings.

Any idea why the cones were there?

Some friendly adjudicators have found lack of instruction to park in marked bays is good enough to allow appeals.

Havering would also have to produce a traffic order and can fall down on that.

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #5 on: »
Absolutely no point in coughing-up as the penalty remains the same at London Tribunals, so make them do at least some work for their money, and if you win they get no money but have had to spend it. What's not to like !

My advice is don't pay-up now and join the Mugged Club !

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #6 on: »
Thanks all.
No idea why the cones were there. I'll keep you all posted

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #7 on: »
Hi all,

Just received the NtO today. Photos in the links below. Any advice on best next steps, welcomed - thanks in advance.

https://ibb.co/gZfStzNG
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Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #8 on: »
Can you post just the text or pic of the rejection.

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #9 on: »
Can you post just the text or pic of the rejection.


Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #10 on: »
Hi all,

Any advice out there, would be much appreciated!

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #11 on: »
Quote
Any advice out there, would be much appreciated!
Clearly, with no re-offer of the discount, it is a complete no brainer to take them to London Tribunals and make them do some work for their ill-gotten gains for a change ! The penalty remains the same at London Tribunals and there are no additional costs. If you win you pay nothing, and if you lose you pay the £90. If you don't take them to London Tribunals you'll have to pay the £90 anyway.

I am surprised to see Havering mentioning the discount, because they made a decision early last year to no re-offer the discount in any circumstances. We reckoned this foolish decision would come back to bite them, as it meant that it immediately became a no-brainer to take them all the way through the process to adjudication !! Maybe they have changed their mind.


Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #12 on: »
Ok so per their letter and your advice I'll be making a representation. Which item should I tick on the fourth page under MAKING REPRESENTATIONS? Bearing in mind my argument is that it is not clearly sign posted that you have to park within the marked bays and I have photo evidence.

Thanks again

Re: Havering, code 24, not parked within marked bay, St Mary's Lane
« Reply #13 on: »
Just go with contravention did not occur.

Draft reps here first.