Author Topic: Havering, Parking in a suspended bay - Branfill Road, Upminster  (Read 173 times)

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ixo

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #15 on: February 04, 2025, 05:04:06 pm »
Ok, thanks. I have submitted the following query:

"photographs taken by the CEO when issuing the PCN have not been made available. Please provide copies of these photographs."

Received an email confirming receipt of query with the following message:

"Your reference number is F684723584.

Thank you for submitting LBH Parking PCN Online enquiry form."

I'll update post once I receive a reply

cp8759

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #16 on: February 04, 2025, 06:43:57 pm »
The CEO's photos are now online:















The last photo helpfully confirms that there was no suspension sign on the regulatory sign just ahead of your car, so you were entitled to rely on that sign. Here's a simple challenge:

Dear London Borough of Havering,

I challenge this PCN on the ground that the alleged contravention did not occur. This is because when I got out of my car I did not see any suspension signs, the regulatory sign just in front of my car was not in fact carrying any suspension sign and this is confirmed by the last CEO photo taken from behind my car. I saw the regulatory sign and I was entitled to rely on it, once I found the PCN I determined that there was another regulatory sign further along that did have a suspension sign, but that suspension sign was obscured by the roadworks signs, see the attached images. In light of the inadequate signage the contravention did not occur, and the PCN must be cancelled.

Yours faithfully,


Send this online and keep a screenshot of the confirmation page, also upload at least the first three photos that you've taken yourself (if the council website only lets you upload three it doesn't matter if you can't upload the fourth one).
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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Pressmann

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #17 on: February 04, 2025, 07:15:37 pm »
In the first image, both the car and the suspended sign are visible, while the fourth and fifth images provide close-up views of the suspended sign.

ixo

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #18 on: February 04, 2025, 07:21:00 pm »
In the first image the suspension sign is attached to a lamp post (can identify it and from comparison to Google street view as the post is white colour) which has a "no loading" sign. So this suspension notice is not attached to the regulatory "disabled bay" sign. Not sure if this weakens the appeal at all. Certainly as noted above, the first disabled bay sign (which is in front of the vehicle) does not have a suspension sign attached.


ixo

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #19 on: February 04, 2025, 09:25:58 pm »
Appeal submitted.

Many thanks to all that have provided guidance to prepare the appeal, much appreciated.


Informal Challenge Form
Thank you for your correspondence, your reference number is: W20768396

Please keep this for your records, you will receive a response to your correspondence by post or email, within 56 working days.

H C Andersen

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #20 on: February 05, 2025, 02:11:49 pm »
Are you the registered keeper of the car? I ask because history suggests that the authority will reject your informal reps and therefore the registered keeper - on whom a NTO would be served- comes into play.

Current DVLA keeper details?

ixo

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #21 on: February 05, 2025, 02:37:31 pm »
My wife is the registered keeper of the vehicle.
Does this affect how things proceed from here?
From earlier posts on this thread I had expected that the initial appeal would be rejected routinely by the council. Should this happen then should further appeals be in her name?

Incandescent

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #22 on: February 05, 2025, 03:17:05 pm »
My wife is the registered keeper of the vehicle.
Does this affect how things proceed from here?
From earlier posts on this thread I had expected that the initial appeal would be rejected routinely by the council. Should this happen then should further appeals be in her name?
If you want to continue to pursue the matter, then you wait for the Notice to Owner. You will need to get a letter of authority from your wife for you to act on her behalf at that stage and onwards to adjudication if you get that far

cp8759

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Re: Havering, Parking in a suspended bay - Branfill Road, Upminster
« Reply #23 on: February 05, 2025, 06:39:44 pm »
If you want to continue to pursue the matter, then you wait for the Notice to Owner. You will need to get a letter of authority from your wife for you to act on her behalf at that stage and onwards to adjudication if you get that far
If you're making representations online then as long as you have her consent, you can just put her name in the relevant boxes on the council website, they're no way they could even know.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order