Right, the traffic order is
The Newham (Disabled Persons) (Community Parking) (Special Parking Area) (No. 1) Order 2007 and the following entry appears at item 6 of Schedule 5, on page 15:
CHURCH STREET E15, that area of the car park fronting Nos.2 to 12 Church Street, at its north-western extremity which lies between the northern wall of the car park and a point 7.2 metres south of that wall and which has a width throughout of 5 metres (so as to accommodate two vehicles).
Revised draft:
Dear London Borough of Newham,
The alleged contravention did not occur, because my car was not parked on Church Street at all. My car was parked in an off-street car park, as illustrated by the CEO's own photos which put the matter beyond doubt. While I appreciate I should consider myself fortunate that the CEO selected the wrong contravention code, the fact of that matter is that when an incorrect contravention is selected by the CEO the fact that some other contravention might have occurred is irrelevant, and the penalty charge must be cancelled.
I note that The Newham (Disabled Persons) (Community Parking) (Special Parking Area) (No. 1) Order 2007 purports to create a parking bay at this location, however the order is made under sections section 6 and 124 of and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984, which only relate to on-street parking places. The powers to provide off-street parking places arise under section 32 of the Road Traffic Regulation Act 1984, and an on-street order cannot create parking places on land that is not a road: an on-street traffic management order cannot apply to an off-street car park any more that it could apply to the driveway of a private residence, a privately owned underground car park, or the roof of a building.
In simple terms, because the car was parked in a car park and the penalty charge notice alleges the vehicle was parked on Church Street, the contravention did not occur because regardless of any other matter, my car was not parked on Church Street.
However I would like to put on the record the fact that I was not abusing the parking conditions, I am a blue badge holder and I attach a copy of my blue badge for your records. It is unfortunate that my blue badge slipped from the dashboard and I understand why the CEO would have issued the penalty charge notice, but the fact of the matter remains that the allegation on the penalty charge notice is simply not made out.
As the contravention did not occur you must cancel the PCN and you have no discretion about this. The only real question is whether you want to do so now voluntarily, or whether you want to pay the £25 tribunal fee in order for the adjudicator to compel you.
Yours faithfully,
Send this online via
https://parking.newham.gov.uk/ and make sure to keep a copy, and a dated / timestamped screenshot of the confirmation page. It's best to grab a screenshot showing the confirmation page and another browser window showing the website
https://time.is/ so that no suggestion can be made that you manipulated the time and date.
