3. London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
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London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
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I had contested a Code 62 with,

Dear London Borough of Redbridge,

The alleged contravention did not occur. The PCN was issued for parking on the footway, however footway parking has been allowed on this road since 2014. The footway parking resolution disapplies the footway parking ban from the entire road, and any signs that suggest otherwise are simply incorrect. I refer you to the decision in Himat Kotecha v London Borough of Redbridge (2210061465, 18 March 2021), which was based on essentially identical facts.

As such the alleged contravention did not occur and the PCN must be cancelled.

Yours faithfully,



but have just had the appeal rejected.

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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #1 on: »
For context,

Initial fine and pictures,










It seems that the 'Park partly on Kerb' applies to the whole street and not just to part of the street.
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #2 on: »
Well obviously wait for the Notice to Owner, I take it you're the registered keeper and have the V5C?
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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 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: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #3 on: »
Quote from: cp8759 on June 26, 2023, 09:24:51 pm
Well obviously wait for the Notice to Owner, I take it you're the registered keeper and have the V5C?

Hi, Yes I have the V5c.

what are the chances I will win this, is it worth the effort of going to appeal if there is a chance they will end up siding with the council and I have to end of paying more and wasting time?
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #4 on: »
Honestly with these Redbridge roads where I have the footway parking resolutions, I've never lost.

You don't really have to do much as far as the tribunal appeal is concerned, you just fill out a letter of authority and I'll do everything else for you.
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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 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: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #5 on: »
Quote from: shock999 on June 30, 2023, 05:19:13 pm
Quote from: cp8759 on June 26, 2023, 09:24:51 pm
Well obviously wait for the Notice to Owner, I take it you're the registered keeper and have the V5C?

Hi, Yes I have the V5c.

what are the chances I will win this, is it worth the effort of going to appeal if there is a chance they will end up siding with the council and I have to end of paying more and wasting time?

You will win this. I had a similar case few years ago, I contacted the council and ask them to provide me the council resolution on the restrictions in the road where my car parked. They provided me the resolution and it was clear that the road was exempted.
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #6 on: »
Quote from: cp8759 on June 30, 2023, 06:37:13 pm
Honestly with these Redbridge roads where I have the footway parking resolutions, I've never lost.

You don't really have to do much as far as the tribunal appeal is concerned, you just fill out a letter of authority and I'll do everything else for you.

Thanks, will keep you updated.

thanks

Quote from: Rudess on July 02, 2023, 08:10:18 pm


You will win this. I had a similar case few years ago, I contacted the council and ask them to provide me the council resolution on the restrictions in the road where my car parked. They provided me the resolution and it was clear that the road was exempted.

Thanks
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #7 on: »
I have received the Notice to Owner, what do I need to do now please?



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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #8 on: »
Make the same representation again.
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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 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: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #9 on: »
I think the points have already been covered by the experts but here's my 2p worth anyway.

My wife received a similar PCN a few years back also from Redbridge. Their "justification" for issuing the PCN was because she parked on the "wrong side" of the blue sign. However, the order they have allows footway parking on the whole road, the signs don't come into it, therefore they are issuing a PCN with no order to back it up.

The informal appeal was rejected (as always) but the NTO formal reps were accepted so she did not need to go to the Adjudicators.
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #10 on: »
Quote from: cp8759 on July 20, 2023, 11:01:55 pm
Make the same representation again.


Thanks I'll write the same again as per below,


Dear London Borough of Redbridge,

The alleged contravention did not occur. The PCN was issued for parking on the footway, however footway parking has been allowed on this road since 2014. The footway parking resolution disapplies the footway parking ban from the entire road, and any signs that suggest otherwise are simply incorrect. I refer you to the decision in Himat Kotecha v London Borough of Redbridge (2210061465, 18 March 2021), which was based on essentially identical facts.

As such the alleged contravention did not occur and the PCN must be cancelled.

Yours faithfully,
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #11 on: »
Your representation has been received

Your representation was submitted on Wed 26/07/2023 17:54.
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #12 on: »
No luck with the NTO formal appeal either, has been rejected.

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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #13 on: »
No consideration of your specific point. No amendment to the Order restricting parking to between marked signs produced in support of there'defence'.
Are you thinking of pressing on to tribunal?
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Re: London Borogh of Redbridge - Code 62 - wheels on or over a footpath - FOWEY AVENUE
« Reply #14 on: »
Well as the discount is not on offer you might as well appeal to the tribunal.

I'm happy to act as your representative if you wish.
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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 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
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