Author Topic: Newham Council - Code 01 Parked in a restricted street - Aviary Close  (Read 301 times)

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Hello all

I received a council PCN. Contravention code 01: Parked in a restricted street during prescribed hours

The story: I was stopped on a double yellow, and just as I was about to drive off, an enforcement officer slaps a PCN on my window. Included in the evidence on the council website is a picture of my car moving away because I was so unnerved and my immediate reaction was to try to drive away. So to clarify, there are pictures of my car not being in the same spot. I drove off and stopped on another side road to see if this fine actually went through, and the amount came up to £0.00, so I thought it was invalidated either by the officer or the council website because my car wasn't pictured in the same spot. So I left it. The notice went to my leasing company, who forwarded the PCN to me (also included below)

Here is a google drive link containing the evidence: https://drive.google.com/drive/folders/1UolvIH8_lrWGa2O_OSM8FI8u1UnH7apW?usp=sharing (No permissions needed)

Due to this, isn't the contravention invalidated because I was stopped rather than "parked", especially if I was in my car and pictured driving away? Or are there any other grounds on which I could appeal? If not, then I'll admit defeat.

Thanks in advance

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Re: Newham Council - Code 01 Parked in a restricted street - Aviary Close
« Reply #1 on: »
You've basically run out of time, the last day to make representations is 5 September 2023 (tomorrow at the time I write this).

The discount is lost, so I suggest you just submit a one line representation saying "the contravention did not occur", if you don't do this within the next 24 hours you risk losing the right to appeal.

Once you've done that, please confirm why you were stopped / what you were doing there so we can start devising a strategy for the inevitable tribunal appeal.
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