Author Topic: Newham Council, Code 26 Parked 50cm from edge, 50 Kensington Avenue, East Ham (E12)  (Read 283 times)

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Hi,

Newham council , PCN : PN24581799 , 20/12/2025, 19:37:16
Car : RM03JOE
Newham  PCN view link : https://parking.newham.gov.uk/en-GB/pages/OnlineNoticeReview.aspx


At around 8 PM, I briefly stopped my car in front of my home to drop off my disabled child, as it was a cold night and there was no nearby parking available. While doing so, I also picked up a few of his items from the car. During this short stop, a parking enforcement officer approached and began issuing a ticket.

I immediately took my child inside and returned to move the car. However, the officer blocked my vehicle and placed the ticket on the windscreen. As I slowly started to drive away, the officer took several photographs. In the first photo, I was already inside the car, but the officer was obstructing my path. The subsequent photos show the car in motion, which is evident from the blurred images.

The alleged contravention is Code 26: “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

I was only stopped momentarily—perhaps for a minute—to drop off my disabled child.

Thanks for your suggestions for an appeal.

Note: can't see an option to upload the PCN. But given the PCN details.

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As usual, please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here
(use
ibb.co or https://imgpile.com/
for posting images.
Wherever possible, use the BBCode.)

both sides of the unredacted PCN ,

a GSV link to the location,and any council photos/video.


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Sorry to hear you're having trouble with posting images - thus may help:

Quote
Quote
How do you embed images?
How to use the BBCode on ibb.co


On the ibb page with the image, scroll down past the image to section headed 'Embed Codes'

Beneath that you will find several links. Under 'Full Image (linked)' hover over the over the link for BBCode and click on the 'COPY' button which appears. That will copy the link to the clipboard which you can then paste in your post. You need to do this for each separate image.


Well, aren't the council photos appalling ! However, photos are not a legal requirement, believe it or not. The main point of your reps has to be that you were NOT parked but engaged in "assisted boarding" (also alighting), namely taking your disbled child from the car to your house.
So you should submit reps on the basis that you were not parked, but engaged in taking your disabled child from the car to your adjacent property. State that you understand that this comes under the boarding/alighting activity and is not parking.

Draft something and post here first. Assisted alighting is an exemption.

Draft version of the appeal:

Dear Newham Council Parking Services,

I am writing to formally appeal the Penalty Charge Notice (PCN) issued to my vehicle for Code 26: “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

On the date in question, at approximately 8:00 PM, I briefly stopped outside my home on [number, street address, East Ham, E12] to assist my disabled child in safely exiting the vehicle and entering the property. It was a cold evening, and there were no available parking spaces nearby, making it necessary for me to stop momentarily in front of my home.

I did not leave the vehicle unattended for any other purpose. I remained with the car and only stepped out to help my child into the house. While doing so, the enforcement officer began preparing the PCN. As soon as I returned to the car, I attempted to move away, but the officer blocked my vehicle and affixed the notice to the windscreen. The photographs taken show blurred images, indicating that the car was already in motion when the officer continued taking pictures.
This stop was solely for the purpose of assisting a disabled child, which is a reasonable and necessary action under the circumstances. I kindly request that you consider these mitigating factors and cancel the PCN in line with the principles of fairness and reasonable adjustments under the Equality Act 2010.
Thank you for your understanding and consideration.

Sorry, but NO !! You are claiming a legal exemptionwithin motoring law, so it is not mitigating circumstances, but your right as a motorist, and nothing whatever to do with the council being "fair" and also nothing to do with the Equality Act 2010.

Start it off as below. Do you have a blue badge for child?

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I am challenging the PCN because I was engaged in the exempt activity of assisted alighting of my disabled child.


Pic of blue badge should see this off.

See this case from yesterday.

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Case reference   2250508733
Appellant   xxxxxx
Authority   London Borough of Barnet
VRM   BG59BZF
PCN Details
PCN   AG48918253
Contravention date   13 Jun 2025
Contravention time   13:19:00
Contravention location   Bell Lane
Penalty amount   GBP 160.00
Contravention   Parked more than 50 cm from edge of carriageway
Referral date   -
Decision Date   30 Dec 2025
Adjudicator   Richard Thompson
Appeal decision   Appeal allowed
Direction   
The Penalty Charge Notice to be cancelled.

Reasons   
This appeal proceeded by way of a postal decision.

There is no dispute that the vehicle was parked at this location. Photos taken by the civil enforcement officer show the vehicle parked in the middle of the carriageway.

The appellant explains that they were parked for only a few minutes to allow their elderly father (a partially disabled blue badge holder – copy supplied) to get into the vehicle. There were no nearer spaces to park. Thames Water were taking one whole side of the road and they wanted to park close to the shop.

The appellant has annotated the civil enforcement officer’s photos to highlight that at the time the parking bays were full, and other cars were parked in the vicinity, including outside the shop. They underline that there was nowhere else to park.

I accept the appellant’s explanation of events.

This contravention is created by section 85 of the Traffic Management Act 2004. This provides that a vehicle must not be parked such that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

Section 85(7) states that references to ‘parking’ in section 85 do not include stopping where the vehicle is stopped for no longer than is necessary for the purpose of allowing people to board or alight from it.

I find that section 85(7) applies in this case and I allow this appeal.

Please see the below draft and let me know if any changes required. Thanks.


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PCN Reference: Code 26 – “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

I am writing to formally challenge the above-mentioned PCN on the grounds that my vehicle was engaged in the exempt activity of assisted alighting for my disabled child (Blue Badge attached).

On the date in question, at approximately 8:00 pm, I briefly stopped outside my residence at [house number, street address, East Ham, E12] in order to assist my disabled child to safely exit the vehicle and enter our home. Due to the cold weather conditions and the absence of available parking spaces nearby (as shown in council photograph 1), it was necessary to stop momentarily directly outside my property.

At no point did I leave the vehicle unattended for any purpose other than assisting my child. I remained with the vehicle and exited only to help my child into the house. During this time, the Civil Enforcement Officer began issuing the PCN. Upon returning immediately to the vehicle, I attempted to drive away; however, the officer obstructed my vehicle and proceeded to affix the notice to the windscreen. The photographic evidence provided shows blurred images, which indicates that the vehicle was already in motion while photographs were still being taken.

The vehicle was stopped solely for the purpose of assisting a disabled child, which constitutes a reasonable and necessary exemption under the assisted alighting provisions. I respectfully request that these circumstances be taken into consideration and that the PCN be cancelled.

Thank you for your time and understanding.

Quote
constitutes a reasonable and necessary
No, it is a lawful exemption

Updated draft below:

PCN issued to my vehicle Code 26: “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

I am challenging the PCN because I was engaged in the exempt activity of assisted alighting of my disabled child (Attached blue badge).

On the date in question, at approximately 8:00 PM, I briefly stopped outside my home on [number, street address, East Ham, E12] to assist my disabled child in safely exiting the vehicle and entering the property. It was a cold evening, and there were no available parking spaces nearby(council pic 1), making it necessary for me to stop momentarily in front of my home.

I did not leave the vehicle unattended for any other purpose. I remained with the car and only stepped out to help my child into the house. While doing so, the enforcement officer began preparing the PCN. As soon as I returned to the car, I attempted to move away, but the officer blocked my vehicle and affixed the notice to the windscreen. The photographs taken show blurred images, indicating that the car was already in motion when the officer continued taking pictures.

This stop was solely for the purpose of assisting a disabled child,  assisted alighting is a lawful exemption .

I kindly request that you consider these mitigating factors and cancel the PCN.

I have tweaked it a bit. There is no need to repeat details of the PCN.

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I am challenging the PCN because I was engaged in the exempt activity of assisted alighting of my disabled child (I attach their blue badge).

I briefly stopped outside my home on [number, street address, East Ham, E12] to assist my disabled child in safely exiting the vehicle and entering the property. There were no available parking spaces nearby (council pic 1), making it necessary for me to stop momentarily in front of my home.

I did not leave the vehicle unattended for any other purpose. I remained with the car and only stepped out to help my child into the house. While doing so, the enforcement officer began preparing the PCN. As soon as I returned to the car, I attempted to move away, but the officer affixed the notice to the windscreen. The photographs taken show blurred images, indicating that the car was already in motion when the officer continued taking pictures.

This very brief stop was solely for the purpose of assisting a disabled child,  and such assisted alighting is an exemption to this alleged contravention.

I trust you will accept my challenge and look forward to your early confirmation of cancellation of this PCN.