Author Topic: LBBD, 53J entered school street during active hours, Halbutt Street  (Read 783 times)

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I really wish I wasn't here so often but here I am again (still no progress on my last PCN).

PCN number: bz80023583

So I got a ticket for entering a school street during the times it is active. LBBD and in particular Dagenham heathway have turned a number of streets into school streets over the past few years.

I got a ticket for entering Halbutt Street. This has been a school street for the past year but I got one today and expect more to be honest.

I live on Halbutt Street. I guess I assumed I was automatically exempt. I have now applied for the necessary permit. Just to be clear, I live right in this restricted area - there is no other way to get to my home.

I find it odd I'm only getting one now. Additionally, Verney road, a few streets away, is a school street that was made a school street a couple years ago, earlier than Halbutt Street. When they first put up the restrictions, I had a look at what vehicles are allowed and it said blue badge registered cars (virtual blue badge in the borough so the council are aware) are and I specifically recall not needing to apply for anything. I frequent this street a lot and have not ever had a ticket there so assumed I am exempt.

I emailed LBBD to ask if there has been a change in policy as I see you now need to apply and they said no. I can see that the policy document is named July 2023 V2 so I wonder if that is incorrect.

Just feels a bit bizarre I have to apply for my own road and surely they could have sent a letter to residents saying they needed to apply.

Anyways, is there anything I can do here?



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« Last Edit: December 30, 2023, 04:42:59 pm by george74 »

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Re: LBBD, 53J entered school street during active hours, Halbutt Street
« Reply #1 on: »
I was able to appeal this successfully using the points I made in my earlier post but I'm confused to be honest.

Quote
The Penalty Charge Notice (PCN) was issued to you because your vehicle was seen
entering a pedestrian zone when it was not permitted to do so.

The contents of your letter have been considered very carefully and I am pleased to confirm
that I have decided to take no further action

You stated in your correspondence that you had a valid permit
have searched our permit system and can see that we do have a permit on record which
matches your details. I have checked our permit system and have found that there is indeed
a valid session for your vehicle which covers the time and date of the Contravention. As such I confirm that PCN should not have been issued. Our reviewing team check footage of the vehicle for visitor scratch cards, but also check whether there is a valid virtual permit. On this
occasion there was an error, which could be technical or human. Either way, please accept my apologies for the inconvenience caused.

We have considered the points you made in your letter and on this occasion we have
decided to cancel the PCN.

Please do not hesitate to contact us if we can be of any further assistance

I did not have a school street permit at the time. So the response may be referring to the virtual BB - but the online page suggests you need to apply for the school street permit regardless.
« Last Edit: February 13, 2024, 01:30:17 pm by george74 »

Re: LBBD, 53J entered school street during active hours, Halbutt Street
« Reply #2 on: »
A win is a win, well done !

Re: LBBD, 53J entered school street during active hours, Halbutt Street
« Reply #3 on: »
Councils make mistakes that go both ways, if you didn't have a permit and they think you had one I definitely wouldn't point it out to them.
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