3. LB Havering, code 62, one wheel over a "footpath"
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #15 on: »
It's an unusual situation as it's a part-time off-street car park but at other times it appears to be a zone subject to a motorised vehicle ban and a 20mph speed limit, albeit only for permit holders whom I presume are traders.

At the time of your PCN - 18:55 on Monday - the car park was operational.
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #16 on: »
Yup, exactly.

The irony here was that I got back to the car at 18:58 in order not to get a PCN for overstaying, but instead I got a PCN for parking on a wrong kind of cobblestone  ::)
PS That was Tuesday, but doesn't matter in this case - the car park was operational at the time.
« Last Edit: January 16, 2025, 05:56:38 pm by Mike_D »
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #17 on: »
Sorry Tuesday. Just 5 mins before it became non-operational but you would have got 10 mins grace if paid up til 7pm.

Note that Havering does not reoffer the discount if it rejects but I really do think this is a wrong contravention.
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #18 on: »
OK guys, as I don't think anyone more will chip in, I'll go with the wrong contravention approach, leaving the triviality argument for later - if they refuse.

Cheers!
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #19 on: »
Hello guys!

Back to the topic - yesterday I received their response to my appeal. They have rejected it...
Here it is:

Page 1
Page 2

What do I do now?
Should I wait for the NTO (I am not the owner, my wife is, and we have different surnames) or should I go directly to the London Tribunals (on my own behalf)?
« Last Edit: March 09, 2025, 04:57:01 pm by Mike_D »
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #20 on: »
Quote from: Mike_D on March 09, 2025, 04:49:07 pm
Hello guys!
. . .
What do I do now?
Should I wait for the NTO (I am not the owner, my wife is, and we have different surnames) or should I go directly to the London Tribunals (on my own behalf)?
Only the owner (or the owner's nom,inated representative) can go to tribunal after their reps against the NtO have been rejected by the Council.

Please show us a copy of what was written to the Council, so we can see how well it was considered by the Council.
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #21 on: »
Hi John,

As I was advised above, I went with the wrong contravention approach:
I appealed online (as the driver) and the wording was something like:
 
I have received a PCN for an alleged contravention of parking “with one or more wheels on a footpath”, code 62 (an on-street contravention).
The alleged on-street contravention of footway parking cannot have occurred as my car was parked in Market Place, one of your off-street car parks: https://www.thegazette.co.uk/notice/4681461.
I look forward to your early confirmation of cancellation.
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #22 on: »
They've ignored the challenge, which is a failure to consider, and fobbed you off with a template that is sent to anyone with footway parking.

As Havering don't offer the discount on rejection, just wait for the NTO but check the V5C logbook address is correct.
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #23 on: »
OK, I'll get back here when the NTO comes.
Cheers!
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #24 on: »
Use the intervening time wisely.

Get hold of a copy of the order under which Market Place is treated as a car park.

Worst case, your offside front wheel was partially on a road other than a carriageway. In which case, IMO de minimis should be your focus.

If where this wheel was is part of the car park then as a car park cannot be a highway or road then the contravention did not occur.

And as for 'by making an informal challenge you have waived your right to pay the discounted charge', nail their ******* feet to the floor. Paying the discount is a statutory right within the 14-day discount period. Therefore the only legitimate reason for you not being entitled to the discount is that the authority failed to respond within the 14-day period.
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #25 on: »
Guys, I have received the NtO.
Is is dated 07/04/2025, but we were out for holidays and we came back just yesterday - it must have come just after we left.
28 days after the date of issue will be on 05/05/2025.

Here it is: LINK
[ Guests cannot view attachments ]

What do I do know?
Should I (officially - my wife as the Owner) make representations to the Havering Council now, as stated in the NtO, or go directly to the London Tribunals?
How does it work? You know I am a virging at this ;)

[ Guests cannot view attachments ]
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #26 on: »
I agree with Stamfordman that his draft is fine. I have done a PCN or two at this location.

The alleged on-street contravention of footway parking cannot have occurred as my car was parked in Market Place, one of your off-street car parks.

As the PCN was issued in error I look forward to your early confirmation of cancellation.

Do not add anything else.

The representations must be in the same name as on the Notice to Owner.

I am available to be your free tribunal representative if you get rejected.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #27 on: »
Reps should be submitted no later than 6 May.

(Issued 7 Apr; Deemed served 9 Apr, which is day 1; Day 28 will be 6 May).
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #28 on: »
Quote from: mrmustard on April 20, 2025, 02:29:05 pm
I agree with Stamfordman that his draft is fine. I have done a PCN or two at this location.

The alleged on-street contravention of footway parking cannot have occurred as my car was parked in Market Place, one of your off-street car parks.

As the PCN was issued in error I look forward to your early confirmation of cancellation.

Do not add anything else.

The representations must be in the same name as on the Notice to Owner.

I am available to be your free tribunal representative if you get rejected.

Thanks, mate!
I will do so, but won't they just answer the same way they did rejecting my informal appeal? [ Guests cannot view attachments ]

[ Guests cannot view attachments ]
« Last Edit: April 22, 2025, 10:12:49 am by Mike_D »
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Re: LB Havering, code 62, one wheel over a "footpath"
« Reply #29 on: »
You are trying to jump your fences early and have no idea what form the fence will take or even if there is going to be one there at all.

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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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