Author Topic: Havering PCN Parked on Footpath  (Read 136 times)

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aligator

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Havering PCN Parked on Footpath
« on: April 09, 2024, 03:40:34 pm »
Hey, I have received completely silly PCN in front of my own house ( I know ). I was in process of cleaning my driveway and moved the car in front of my house not realized that I have missed white lines. Is there any way I can challenge this or bite a bullet ? 

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John U.K.

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Re: Havering PCN Parked on Footpath
« Reply #1 on: April 09, 2024, 04:10:53 pm »
For meaningful advice please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post here both sides of the unredacted PCN and a GSV link to the location.

Please also post a picture of the sign permitting footway parking in marked bays.
« Last Edit: April 09, 2024, 04:12:49 pm by John U.K. »

aligator

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« Last Edit: April 14, 2024, 05:00:51 pm by cp8759 »

John U.K.

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Re: Havering PCN Parked on Footpath
« Reply #3 on: April 09, 2024, 05:06:36 pm »
I could not see a sign on GSV. You need the approriate Traffic Management Order. Someone here may have access to it.

aligator

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Re: Havering PCN Parked on Footpath
« Reply #4 on: April 09, 2024, 05:34:17 pm »
Sings are correct on both sides of the road in both directions.

John U.K.

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Re: Havering PCN Parked on Footpath
« Reply #5 on: April 09, 2024, 05:51:47 pm »
Finally found one:
https://maps.app.goo.gl/TvtAS1oVdEag9hC47

The reason for needing to see the Traffic Management Order / council resolution is that the Council have to pass a resolution disapplying the London-wide ban on footway parking in a particular road. Sometimes they neglect to specify in the resolution 'In marked Bays' meaning the ban is disapplied for the whole road.

cp8759

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Re: Havering PCN Parked on Footpath
« Reply #6 on: April 14, 2024, 05:15:51 pm »
@aligator well the CEO's photos do not prove any contravention, as there is no evidence of any sign stating "in marked bays":









Of course this should not be raised at this stage as we don't want to alert the council as to the evidential deficiencies in its case. For now a simple representation will do:

Dear London Borough of Havering,

I contend that on this occasion no contravention occurred, if you seek to pursue this penalty charge notice please would you provide a copy of the footway parking resolution duly made under section 15(4) of the Greater London Council (General Powers) Act 1974. Without sight of the resolution, I have no way of knowing whether I was actually in contravention or not.

Yours faithfully,

Make the representation online and get a screenshot of the confirmation screen, in the meantime I'll use other means to get a copy of the resolution (assuming it even exists).
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

C_H_R_I_S

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Re: Havering PCN Parked on Footpath
« Reply #7 on: November 30, 2024, 01:56:09 pm »
Was there a resolution to this?>