3. Newham 01 parked in a restricted street Stratford service route
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Newham 01 parked in a restricted street Stratford service route
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Good afternoon

hope everyone is well i got a parking fine while waiting for to pick someone up i was a busy on my phone that i did not see the civil enforcement officer in time now i have had a look and from what i can see on google street view i can not see any parking restriction notices and the yellow lines are completely broken. Any help would be appreciated.

thank you Mo 



https://maps.app.goo.gl/wU2a7XpR8GEUuc2s8


« Last Edit: June 06, 2024, 03:27:58 pm by mr_mo »
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #1 on: »
Please give us a GSV link to the location, telling us exactly where you parked.

The photos show double- yellow lines which need no signs, so I think you'd struggle on these as grounds for cancellation, but lets see GSV first.  Don't be in a rush to pay, because often appeal arguments based on grounds other than the contravention are found. Remember, the council have to obey the law (the legal enforcement process), just like you.
« Last Edit: June 06, 2024, 02:17:50 pm by Incandescent »
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #2 on: »
thanks for the rapid response i have now added the gsv link. 
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #3 on: »
What a dump that street is !! If you could download the council photos, (if any), it might show the yellow lines even more faded and absent, although your own seem to show them clearly enough. GSV is 2019, so 6 years ago.

However, as I said, don't rush to pay yet; wait and see what the others say. If you submit some reps within the discount period they will re-offer the discount, and you get more time to save the money if it ends up having to be that way.
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #4 on: »
What yellow lines are actually under your car? Do you have a picture of them at all, or a picture that shows them?
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #5 on: »
Haha the street is a proper dump don’t think it was ever maintained I will try and go down there tomorrow and take some pictures.
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #6 on: »
Quote from: mr_mo on June 06, 2024, 11:18:01 pm
Haha the street is a proper dump don’t think it was ever maintained I will try and go down there tomorrow and take some pictures.
Make sure you don't get another PCN !!
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #7 on: »
The road is indeed a dump, it looked much better back in 2009.

Anyway, it is an adopted highway according to the council map:



Oddly enough there is no mention of this service road in the schedules to The Newham (Waiting and Loading Restriction) Order 2011, which is odd because the yellow lines were there in 2009, so you'd expect them to be in the consolidation order made in 2011. Great Eastern Road on the other hand comes up in both Schedule 2 and part 2 of Schedule 1.

I'll have to ask the council if there is a separate order for this particular service road, but I have a sneaking suspicion there is no traffic order, we've had quite a few such cases recently.
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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: Newham 01 parked in a restricted street Stratford service route
« Reply #8 on: »
Thank you for all the help I really appreciate it. If the roads not on the service schedule would that be grounds for appeal?
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #9 on: »
Quote from: mr_mo on June 10, 2024, 09:41:30 am
Thank you for all the help I really appreciate it. If the roads not on the service schedule would that be grounds for appeal?
If the road isn't mentioned in any traffic order at all, then there are no waiting restrictions and everybody is allowed to park there for as long as they want. The yellow paint has no legal effect if there is no underlying traffic order.

However to know for sure whether an order exists, you'll have to wait for the council to reply to my information request.

In the meantime here's a holding representation you can make:

Dear London Borough of Newham,

When I parked at this location the yellow line markings appeared so broken and faded that I understood this to be a former restriction that was no longer in force. While I accept yellow lines do not need to be in pristine condition, these particular lines are so broken and faded that they appear to relate to a restriction that has long since ceased to have effect.

I therefore contend that the alleged contravention did not occur.

The council will reject this, but at least it will buy us some time. Send the representation online and make sure to keep 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
Re: Newham 01 parked in a restricted street Stratford service route
« Reply #10 on: »
Thanks for this mate. I will be sending reps in a couple of days.
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #11 on: »
Here are:

The Newham (Waiting and Loading Restriction) Order 2011
The Newham (Waiting and Loading Restriction) (Amendment No. 138) Order 2018

There is an implicit admission that not all of Service Route No. 1 is a public highway.
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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: Newham 01 parked in a restricted street Stratford service route
« Reply #12 on: »
Thank you I have sent reps just waiting on a reply.
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Re: Newham 01 parked in a restricted street Stratford service route
« Reply #13 on: »
Good morning everyone I have just received some good news Newham council have come back and cancelled the pcn thank you cp8759 for all your help.
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