3. London Borough of Newham Code 165
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London Borough of Newham Code 165
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Received a PCN being parked in a disabled bay with my disabled badge clearly visible. Didn't see the sign saying 'resident permit holders only' though with
Contravention code 165 listed as the offence on the PCN.

According to Mr Google code 165 relates to parking infront of a dropped footway which clearly this wasn't.

Any advice would be appreciated.

Thanks

Hashim




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London Borough of Newham Code 165
« Reply #1 on: »
Hello

I received a PCN today for parking in a disabled parking bay with my disabled badge but failed to see that it was the residents disabled bay.
The code contravention stated on the PCN is code 165 which according to Mr Google is
'Parking in front of a dropped footway'

Is there anything here that can be appealed.

Thanks

Hashim

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Re: London Borough of Newham Code 165
« Reply #2 on: »
The contravention on the PCN is clear enough. Where did you get that description of the code number ?

Please post a GSV view to the exact location of parking.
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Re: London Borough of Newham Code 165
« Reply #3 on: »
It's a code 16 with a suffix 5, which means dedicated disabled bay.

Newham is not a forgiving council but we can look at this if you post the PCN. no redactions.
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Re: London Borough of Newham Code 165
« Reply #4 on: »
I have requested the traffic order for the bay, the last time I dealt with such a bay in Newham it turned out the traffic order didn't exist, or rather it did but it was for a normal bay.

Also do you have any mitigating circumstances, even if unrelated to the contravention itself?
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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 Borough of Newham Code 165
« Reply #5 on: »
I wanted to shop at the local store and as a disabled driver this was the closest disabled bay that I found not realising that it was a residential bay.

Also is the coding on the PCN correct?

Thanks
Hashim
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Re: London Borough of Newham Code 165
« Reply #6 on: »
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Re: London Borough of Newham Code 165
« Reply #7 on: »
No sign on Maps view but there now.


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Re: London Borough of Newham Code 165
« Reply #8 on: »
@Hashim the code is legally irrelevant, as I said any mitigating circumstances, even if apparently unrelated to the contravention and somewhat far-fetched, can significantly strengthen your case.
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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 Borough of Newham Code 165
« Reply #9 on: »
Dear cp8759

I parked there as it was the closest to the bakery where i needed to pick up some stuff.
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Re: London Borough of Newham Code 165
« Reply #10 on: »
Well that's not mitigation at all, do you have any actual mitigation: anything such as ill-health, financial difficulties, family problems, recent bereavements, work problems...
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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 Borough of Newham Code 165
« Reply #11 on: »
It was to pick up food for my elderly mother who is at stage 7 of dementia and needs constant 24/7 care. I had to leave my neighbour whilst I rushed out to get it for her as she only likes the food from that bakery. As a disabled person myself I had to rush to get back and parked in that spot not realising that it was for residents.

Thanks

Hashim
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Re: London Borough of Newham Code 165
« Reply #12 on: »
@Hashim do you have any medical documentation that could be provided to the council to confirm the above?
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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 Borough of Newham Code 165
« Reply #13 on: »
Yes. I have diagnosis from the hospital/GP etc...
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Re: London Borough of Newham Code 165
« Reply #14 on: »
I think at the Notice to Owner stage it will be well worth deploying the strategy explained here https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/l-b-waltham-forest-50r-performing-a-prohibited-turn/msg7581/#msg7581

For now please make an informal representation as follows:

Dear London Borough of Newham,

The alleged contravention did not occur, this is because the overall signage did not comply with regulation 18(1) of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. There is a "DISABLED" legend on the road surface and this clearly indicates that the bay is for disabled badge holders, the regulations do not require any additional signs. I relied on the legend and displayed my blue badge correctly.

There was also a shared use bay sign on the boundary between the bay I was parked in and the next bay, that sign had no directional signs and having seen the disabled legend, I had no reason to look for any other signs.

If the bay is a permit bay, the appropriate legend would be "PERMIT HOLDERS", this would prompt road users to look at the upright sign to determine what type of permit is required.

To put the council's case at its highest, the best that can be said is that the signage was ambiguous; in these circumstances no contravention occurred.

Yours faithfully,


Send this online and take a screenshot of the confirmation page.
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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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  3. London Borough of Newham Code 165