3. Newham Council 62 Parked with one or more wheels on or over a footpath
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Newham Council 62 Parked with one or more wheels on or over a footpath
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Attended an event on Bidder St in East London back in April. Knew i was taking a big risk parking on the pavement but couldn't find anywhere close to park while also running late (not expecting sympathy just explaining why I did it)

 Was also a bank holiday Sunday evening so I thought I could get away with it. It didnt strike me as a particular busy area for members of the public and I assumed it was an industrial estate from the lay out.

Returned to the car to find the yellow sticky pouch on the windscreen, but no ticket inside. Somebody parked behind me had a ticket which was blank, and the person after them had a very faded ticket. I can only assume the warden had run out of ink from issuing tickets to every car in the area, as the whole street had cars parked on the pavement.

https://imgur.com/a/TLCIr7l

Thanks
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #1 on: »
Did you get photos of the faded tickets?
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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 Council 62 Parked with one or more wheels on or over a footpath
« Reply #2 on: »
I didnt! I went back 2 cars and took pictures of a fully inked ticket as I thought I may be able to work out the  PCN number of mine by adding 2 to it.

Now I think back the ticket on the car next to mine was completely blank, and I remember thinking it was pointless taking a picture of that as I wasn't sure it would prove anything!

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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #3 on: »
If you'd got pictures of the blank / faded PCNs, you would have had a compelling case that your own PCN was also blank so the CEO probably didn't serve it at all.

However in the absence of any photographic evidence to support what you tell us, I don't see how an adjudicator could just take your word for it.
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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 Council 62 Parked with one or more wheels on or over a footpath
« Reply #4 on: »
So I sent an appeal via Newham's website shortly after posting this topic and hadn't heard anything back from them.

Today I have received a charge certificate for £195.

However I haven't had any rejection letter from Newham!

Is there anyway I prove they haven't responded to my original appeal?

Thanks

EDIT: having searched this forum, I see that I have to wait for an order of recovery. The vehicle is long term lease, so would it be wise to contact the hire firm in case further correspondence goes to them informing them to stay out of it?

 The last thing I need is them paying the charge and then trying to charge me back.
« Last Edit: September 27, 2023, 11:02:12 am by Iamnegan »
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #5 on: »
In whose name is the log book, V5C?
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #6 on: »
Arvals I'm assuming, I've never seen the logbook as the car is on a 3 year lease.
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #7 on: »
I looked back on your initial post and opened the file expecting to see a PCN, but it is a Notice to Owner.

So when you submitted representations, were these against the PCN you found on the car, or against the Notice to Owner ?

Reason I'm asking is if your reps were against the PCN, and you then got that NtO, and ignored it, thinking your previous reps were OK for the NtO, you have lost all possibility of getting the CC reverted.
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #8 on: »
No the reps were defo in response to the NTO.

Reason being the pcn issued on my windscreen was just a blank piece of paper. I had to wait for the NTO to arrive before I could appeal as I had no reference number until it did.
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #9 on: »
Quote from: Iamnegan on September 27, 2023, 10:57:26 am
So I sent an appeal via Newham's website shortly after posting this topic and hadn't heard anything back from them.
Did you get a screenshot of the confirmation page?

Or at least keep a copy of what you sent?
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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 Council 62 Parked with one or more wheels on or over a footpath
« Reply #10 on: »
How did you obtain the NTO if you are not the registered keeper?

From the NTO and for the attention of the addressee:

'As the registered owner/keeper/hirer you are responsible for dealing with this notice.
Do not pass this notice to the driver. '

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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #11 on: »
I have received the attached letter from Newham stating that they did send a rejection letter (which they included) however the rejection code for the tribunal  is from August and obviously out of date.

The rejection letter also states that they have enclosed a copy of the PCN served by the enforcement officer which they haven't (and couldn't as it was a blank piece of paper).

They also mention paying a discount from 14 days from the date of the letter, not date of service.

I have attached photos of the letter below.

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« Last Edit: February 04, 2024, 01:20:10 am by Iamnegan »
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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #12 on: »
last page attached below

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Re: Newham Council 62 Parked with one or more wheels on or over a footpath
« Reply #13 on: »
Well the obvious next step would be to file an out of time appeal with the tribunal, which should be easily accepted given that the authority seems to accept that the notice of rejection was never received. The distinct advantage of doing this (rather than waiting for the council to refer the case to the tribunal) is that everything can be managed online, while for a TEC referral case the tribunal sends everything by post in the first instance and while you can later change the comms preference to email, you cannot use the online portal.

I will drop you a PM about representations options if you'd rather not represent yourself.
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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 Council 62 Parked with one or more wheels on or over a footpath
« Reply #14 on: »
Thanks CP, PM received.

I forgot to mention in the last post that I did fill out a box explaining why my out of time appeal should be considered (due to charge certificate etc) but I am still yet to receive a reply from traffic adjudicators.

Furthermore my case ref number and appeal verification code are not logging me in, I will call them and see if I ca get any further info.
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