3. Islington - 85 parked without a valid permit
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iispartan

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Islington - 85 parked without a valid permit
« on: March 13, 2024, 04:51:16 pm »
On behalf of a friend again -

Got a parking ticket for parking on his estate where he lives but doesn’t have an estate permit yet. Council images and front/back of PCN in below link.

I noticed the CEO didn’t take a close up of the sign that stipulates the contravention - wondering if this would stand in appeal?

Any help appreciated,
Thanks

https://imgur.com/a/qDk2J5P
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Incandescent

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Re: Islington - 85 parked without a valid permit
« Reply #1 on: March 13, 2024, 06:16:40 pm »
Photos are not a legal requirement. In addition, I cannot see anything wrong with the PCN. More info is needed on why he is living on this estate and parking but has no permit. What are the arrangements for residents who move in and also have a car ? Is it that they must buy a day permit every day until the yearly permit arrives ?

More info please
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iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #2 on: March 14, 2024, 10:05:25 am »
He just hasn’t got round to getting the permit yet, the process of getting a permit seems relatively straight forward based on Islington councils website.

Looks like bang to rights on this one, was hoping for a PCN error or something but I think I’ll tell him not to risk the discount unless a ‘failure to consider’ could work.
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cp8759

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Re: Islington - 85 parked without a valid permit
« Reply #3 on: March 25, 2024, 11:01:09 pm »
@iispartan this is a car park PCN, so there needs to be a board advising motorists of the same, and also of the terms and conditions of parking. If the council hasn't provided any of that, then there's a strong argument to be made here (how do you know it's a council off-street car park if they don't tell you?).

Can you please give us a link to the location, or as close as you can get to the location?

I also need to get hold of the off-street parking places order, but I need to know exactly where this is first.
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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.

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iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #4 on: March 30, 2024, 04:57:18 pm »
@cp8759 fortunately my friend did appeal the ticket last week in order to extend the discount. But also he tells me he has tried to inquire for a permit but the council haven’t got back to him.

The link to the location is here https://maps.app.goo.gl/xbww46WAX8t5GfLcA?g_st=ic

I’ll let you know once council has responded to appeal
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iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #5 on: March 30, 2024, 05:16:35 pm »
Appeal rejected. See response from the council here:

 https://imgur.com/a/ML8FMwW
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cp8759

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Re: Islington - 85 parked without a valid permit
« Reply #6 on: March 30, 2024, 08:39:46 pm »
@iispartan please tell your friend to wait for the notice to owner, and while we're on this topic please confirm whether your friend is the registered keeper and has the V5C from DVLA.

The Google street view image here shows a private parking sign, so really we need some updated images of the location to confirm exactly what the signage looks like now.

In the meantime I'll request the parking places order.
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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

iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #7 on: April 03, 2024, 11:43:12 am »
@cp8759 my friend has told me that the yellow sign in your link is now gone and looks to have been replaced with the following
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cp8759

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Re: Islington - 85 parked without a valid permit
« Reply #8 on: April 03, 2024, 11:50:15 am »
@iispartan can we get a photo from across the street please? It's hard to judge sign adequacy from a close-up.

Also are there any further signs inside the parking area?
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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

iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #9 on: April 03, 2024, 12:41:09 pm »
See link for addition pics. Let me know if you need anything else

https://imgur.com/a/hUpSitl
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cp8759

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Re: Islington - 85 parked without a valid permit
« Reply #10 on: April 03, 2024, 06:22:42 pm »
Well there's nothing to tell you it's a car park, so you couldn't possibly know that you're in an off-street car park subject to an off-street parking places order.

I'd suggest your friend waits for the notice to owner, the notice to owner will demand the full amount but as long as it is challenged within 14 days the discount is almost inevitably reoffered, so don't worry too much about the discount.

In the meantime I've already requested the order form the council. Please can you confirm your friend is the registered keeper and he has the V5C, and also that the address on the V5C is up to date?
« Last Edit: April 03, 2024, 09:45:11 pm by cp8759 »
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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

iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #11 on: April 03, 2024, 08:28:20 pm »
Yes I’ve told him to wait for the NtO. All details up to date he tells me - I’ll let you know once NtO arrives
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iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #12 on: April 22, 2024, 09:42:14 pm »
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iispartan

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Re: Islington - 85 parked without a valid permit
« Reply #13 on: April 24, 2024, 10:10:09 am »
@cp8759 any update on the Traffic Order?
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cp8759

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Re: Islington - 85 parked without a valid permit
« Reply #14 on: April 24, 2024, 11:30:16 pm »
Not at the moment, but it's not due back till 1st May.
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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
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