Skip to content
Free Traffic Legal Advice
Login Register

Warton road code 62 newham council

1280 Views 12 Replies

0 Members and 0 Guests are viewing this topic.

« previous next »
Pages: [1]
Warton road code 62 newham council
on:
#1
Got a pcn from the lovely folks at newham for code 62 parked with one or more wheels on footpath. Location is warton road, as soon as you turn in from high st after the traffic light/steps into tesco.

PCN: PN38189702
Reg: AF06YVS
Date: 24/03/2024

I have included the pcn and ceo’s photo in the dropbox link.

https://www.dropbox.com/scl/fo/os8k2rq5jdnx3wevicl3w/h?rlkey=ko8inzpyruiyzsa54d78knkie&dl=0

Link to gsv: https://maps.app.goo.gl/rzwkvWwaV7zZy1Pc8?g_st=ic
Logged
Re: Warton road code 62 newham council
Reply #1 on:
#2
An obvious trap for the motorist that must be a nice little earner for Newham.  However you do need to be much more alert if you're going to park in London. The double-yellow lines and the absence of a bay sign are big warnings, or should be. In any big city, but especially London, with its PCN penalties double the rest of the UK, if it looks to good to be true, then it IS to good to be true.
I'm not sure what to suggest, because I can't see any obvious appeal argument, so wait until more London-knowledgeable folk have contributed. However don't miss any deadlines on the PCN !
Logged
Re: Warton road code 62 newham council
Reply #2 on:
#3
What a site!

A lowered footway to facilitate movement of refuse bins from the areas at the rear of the footway, areas whose uses now seem redundant. OP, you've posted the current GSV so I suggest you scroll back through the years to see how this has developed.

It's interesting but doesn't give you a defence, in fact the CEO could have issued the PCN for parking where waiting restrictions apply i.e. the 24/7 DYL.

In short, you cannot park either on the road or the footway at this location.

If you thought it was an oasis of free parking in the midst of a sea of waiting restrictions then you should revisit the Highway Code Traffic Signs booklet. In any event, other than asking them to exercise discretion I don't see what making reps would achieve other than delay having to pay.
Last Edit: March 26, 2024, 09:37:49 pm by H C Andersen
Logged
Re: Warton road code 62 newham council
Reply #4 on:
#5
Ive kinda been using as a unofficial loading bay when im out doing deliveries around there. Guess i got lucky all them years. Guess ill stick to the discount.
Logged
Re: Warton road code 62 newham council
Reply #5 on:
#6
@WhoLetTheScamsOut chapter 3 of the traffic signs manual says at paragraph 13.6.3 that:

13.6.3.  As an alternative to the white road marking, contrasting bays may be used (see Appendix B for Northern Ireland). The area available for parking is indicated by either block paving or coloured road surface, varied in pattern or colour. The bays must stand out from the surrounding parts of the road and any adjoining bays, so that drivers are clear about where to park and which restrictions, if any, apply.

It seems to me that this area looks misleadingly like an area where vehicles are permitted to park for the purpose of loading and unloading, which is indeed permitted on double yellow lines.

What sort of deliveries were you doing?
Logged
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Warton road code 62 newham council
Reply #6 on:
#7
It was a food delivery on deliveroo. I was dropping off to 180 stratford high st which is the tall building on the left corner of the mainroad from Warton Road. The only proof I can get is the date and time (start/finish) of that delivery but not the actual info for the delivery itself
Logged
Re: Warton road code 62 newham council
Reply #7 on:
#8
Quote from: WhoLetTheScamsOut on April 01, 2024, 02:18:19 pm
It was a food delivery on deliveroo. I was dropping off to 180 stratford high st which is the tall building on the left corner of the mainroad from Warton Road. The only proof I can get is the date and time (start/finish) of that delivery but not the actual info for the delivery itself
That's fine can you post a screenshot of that? As long as we can establish you were working for deliveroo at the time that should suffice, the exact address of the delivery is unlikely to be something the council could take issue with.
Logged
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Warton road code 62 newham council
Reply #9 on:
#10
Draft reps:

Dear London Borough of Newham,

I challenge liability for PCN PN38189702 on the ground that the alleged contravention did not occur. My vehicle was parked in what is quite clearly a loading bay, as explained in paragraph 13.6.3 of chapter 3 of the Traffic Signs Manual:

"13.6.3.  As an alternative to the white road marking, contrasting bays may be used (see Appendix B for Northern Ireland). The area available for parking is indicated by either block paving or coloured road surface, varied in pattern or colour. The bays must stand out from the surrounding parts of the road and any adjoining bays, so that drivers are clear about where to park and which restrictions, if any, apply."

The variation in the road surface clearly conveys that there is a bay at this location, although the double yellow lines indicate it may be used for loading and unloading only.

At the material time I was engaged in commercial unloading for Deliveroo, I refer you to the "Gourmet Sushi" delivery shwon in the attached screenshot.

It follows that the alleged contravention did not occur and the PCN must be cancelled.

Yours faithfully,

Make sure to  keep a screenshot of the confirmation page.
Logged
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Warton road code 62 newham council
Reply #11 on:
#12
Please don't be discouraged by the almost inevitable fob-off rejection, chances are we'll have to take this to the tribunal to get it overturned.
Logged
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Pages: [1]
« previous next »