Author Topic: NEWHAM  (Read 803 times)

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NEWHAM
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Newham, Ive parked on a single yellow line with my disabled badge showing the time of arrival. In the pictures you can see.
I received it on 15:51. I was well in time, Please help me with this. the is O10. Oxford Street E15 Stratford. Next to Westfield.

I was parked on a single yellow line, i believe i was in the 3hr window slot. ive never got a penalty before. I believe that it was given wrong because it is a van. Please give  me some suggestions,

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« Last Edit: January 25, 2024, 09:36:46 pm by Slim07 »

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Re: NEWHAM
« Reply #1 on: »
picture

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Re: NEWHAM
« Reply #2 on: »
Looks like you're here, on the yellow line.
https://maps.app.goo.gl/xsoJSfRGa9ktR3gW6

The PCN location is in CPZ 'S'
https://lbnewham.maps.arcgis.com/apps/webappviewer/index.html?id=6c213298647e4283a537266c72c1d086

However, BB holders can park on single-yellow lines for a fixed period, so I'm puzzled why the PCN was issued. Submit representations stating you are puzzled at receiving the PCN because you were well within the time allowed for BB holders on a yellow line.

Re: NEWHAM
« Reply #3 on: »
Can you help with this representation

Re: NEWHAM
« Reply #4 on: »
Whose Blue Badge is this?

Re: NEWHAM
« Reply #5 on: »
@Slim07 if the blue badge was being used legitimately, this will be easy to deal with.

However the council is bound to ask how a blue badge holder is working as a delivery driver for DPD, running around London jumping in and out of a van and carrying parcels, up and down stairs etc if they have a physical disability. So it's best if you spell out exactly what was going on here so we can draft a comprehensive representation for you.
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: NEWHAM
« Reply #6 on: »
+1, also who is the registered keeper.

ive never got a penalty before..

So it's worthwhile looking at the process.

You may submit representations to the authority as to why a penalty is not payable. If these are rejected then a Notice to Owner would be sent to the registered keeper and from this point on you, as driver, have no direct involvement or liability, this is the registered keeper's.

So, who is the registered keeper? If not you but perhaps an employer then employment contract 'dynamics' come into play.

You've missed the 14-day window for paying the discount, but it could be re-offered if your reps are unsuccessful.

On the face of it you had a BB displayed with a clock set at 2.30. The PCN was issued within the 3-hour window which on the face of it is improper.

But it was issued, and presumably for a reason..probably linked with cp's questions above.

Re: NEWHAM
« Reply #7 on: »
@cp8759

Hi,

There has been a lot of confusion in regards to this post.

I am going to clear this.

Newham, Ive parked on a single yellow line with my disabled badge showing the time of arrival. In the pictures you can see.
I received it on 15:51. I was well in time, Please help me with this. the is O10. Oxford Street E15 Stratford. Next to Westfield.

I was parked on a single yellow line, i believe i was in the 3hr window slot.

The BB belong to my 14 year old son, he was with me. He is a minor.  I was not at work on this day, this is my mode of transport.

can you help with the representation.
I would be grateful.

Please find the pictures above


Re: NEWHAM
« Reply #8 on: »
OK that makes a lot more sense.

Please can you give us a bit more background as to the circumstances: how come you get to use a work vehicle while not at work? Where were you taking your son to?
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: NEWHAM
« Reply #9 on: »
@cp875

how come you get to use a work vehicle while not at work?

I lease the van from dpd . I have a franchise with them.  i get to take the vechile home. this is my mode of transport, going to shopping so on and so forth


Where were you taking your son to?

I was talking my son to but clothes from Westfield for a wedding.


Is this information ok, let me know

Re: NEWHAM
« Reply #10 on: »
@cp875

Can you represent me

Re: NEWHAM
« Reply #11 on: »
Whose name is on the V5C, you or whoever is the leasing company?

Re: NEWHAM
« Reply #12 on: »
Please stop referring to "my disabled badge". It is categorically not your badge. It is your son's Blue Badge.

You're a long way from needing representation at the independent adjudicators.

The PCN was served on the 13th Jan 2024. So the deadline to submit informal representations is Friday the 9th of Feb.

I suggest that submit informal representations (challenge) against the PCN well before the deadline.

Explain that your son was present in the vehicle at all relevant times. Enclose or attach a copy of both sides of the BB. Make it clear that you parked on a single yellow line at 14:30 and correctly displayed the Blue Badge and the clock, as evidenced by the CEO's photos.

Therefore the alleged contravention did not occur. By virtue of the Blue Badge you were entitled to a 3 hour exemption from the waiting restriction indicated by the single yellow line. A PCN was served at 15:51pm which is only 1 hour and 21 minutes into the exemption.

You can only assume that the CEO made a mistake. You look forward to the Council's written confirmation that the PCN has been cancelled.

Keep it simple and to the point, short as possible. Use your name and address. Mention your son's address if it is different from yours.

Th Council will have to respond within 56 days. However if they send a Notice to Owner then it has to be responded to. The NTO will go to the van's Registered Keeper as held by the DVLA on the 13th Jan. This is likely to be DPD or a finance company, so keep track of that if it happens. And report back.
« Last Edit: January 28, 2024, 11:05:08 pm by Enceladus »

Re: NEWHAM
« Reply #13 on: »
@Slim07 do you have a receipt for the clothes?

And a work rota or similar to confirm you were not at work on that day?
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: NEWHAM
« Reply #14 on: »
It's an informal challenge so there is no 56 day limit for the council to respond; this limit is for formal reps against an NtO, the next stage.