Author Topic: Newham council, London , Contravention code 26, rejected informal appeal  (Read 3937 times)

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Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #15 on: »
Thanks Neil!

I will try and find you here when I receive the NtO.

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #16 on: »
Tried to send you a message but not sure it worked.
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Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #17 on: »
Hi all,
Received the NTOs today for both PCNs (attached).

Would appreciate your input on my formal appeal draft:

According to Traffic Management Act 2004, Part 6, Section 85: In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.
As can be clearly seen from the evidence (CEO's photos and my attached photos) my vehicle was parked adjacent to the kerb with its rear bumper and well within the 50 cm limit, therefore the alleged contravention did not occur.
I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge Notice.

Version 2 of last paragraph (probably 'too much')
Statutory guidance for local authorities in England on civil enforcement of parking contraventions states it is in the interests of the authority and the vehicle owner to resolve any dispute at the earliest possible stage. Therefore given the evidence clearly shows the contravention didn't occur I request you give this matter a fresh and impartial consideration and cancel this Parking Notice Charge.

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Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #18 on: »
Can you pl separate your and the CEO's photos.

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #19 on: »
Can you pl separate your and the CEO's photos.
Ditto.
For now we need to see the CEO photos for each pcn.
At the moment, looking at your streetview link it is difficult to understand where your car was.

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #20 on: »
OK, that's all separated into folders per PNs and my photos. Can be found here:
https://www.dropbox.com/scl/fo/mo550rgn68rfpn67xclvy/ACGZkjH-YiJQ6wUD3OeC3n0?rlkey=pluxsknl09mr0d8hr64ta2xqd&st=73yzl0us&dl=0

Looking at the streetview my car was parked on the red square to the left of the silver Vauxhall (see attached).

Thanks for looking!

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Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #21 on: »
Blaz.
I'll have a better look at this over the weekend.
Busy with hospital appointments at the mo.

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #22 on: »
Hi Neil,

Please don't worry and hope it all goes well.

Looking at it with a fresh mind this morning, I feel I need to rewrite it completely. Quoting regulations will just rub them the wrong way.

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #23 on: »
Yeah you are fine.

I look forward to whatever new version you come up with, although your original was (nearly) ok.
Don't send until we've had a look.
« Last Edit: December 14, 2024, 06:37:46 am by Neil B »

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #24 on: »
OP, is the sign on page 162 of the Traffic Signs Manual Chapter 3 still where it's shown on GSV 2022?

Do you hold a permit?


https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #25 on: »
Yes, there's a sign 'Permit holders parking only past this point Mon-Fri 10am-2pm' and I do have a permit.


Curious, how does this play a role in my case?

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #26 on: »
Yes, there's a sign 'Permit holders parking only past this point Mon-Fri 10am-2pm' and I do have a permit.


Curious, how does this play a role in my case?
I guess HCA is trying to understand the bizarre thinking of the CEO?

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #27 on: »
Hmm, not sure. Was really just being curious.

I think the CEO judged that I blocked the Prius in (ie. I double parked it - not the case, since he managed to get out for school run and back in that morning). That's why they slapped Contravention code 26 on, since it's also known as Double parking. We'll just forget the fact that I was within 50cm of the kerb to make it fit. Or maybe I should have been within 50cm to the far kerb on the right? Maybe to all the kerbs in the postcode simultaneously?  :)

Anyways, back to productive focus - my draft:

I would like to appeal this PCN on the basis that the contravention did not occur.

I am alleged to have parked more than 50 centimetres from the kerb. You will see from CEOs and my photographs that my car was parked perpendicular to the kerb, which is not prohibited, and is well within the 50 cm from the kerb with its rear bumper.

Your reply to my informal representation introduced a fresh allegation that I was double parked. However, the layout of this piece of ground clearly shows it is designated for multi-vehicle parking for the residential properties, with vehicles next to one another, and the only relevant kerb is the one I am up against with the rear bumper. There is no offence in parking perpendicular to the kerb, which is all I did.

I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge.


I plan to use the same for both PCNs, unless there are any grounds against them issue another PCN at 5:11, following the 1st at 22:35? Probably not, since it's technically the next day?

Again, grateful for your input on this!





Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #28 on: »
I marginally preferred your first draft but either will do.
It is a 'penalty charge not a parking charge.
Your references to the kerb should be carriageway --- although there really is none in such an area -- effectively a car park.
I've marked in red some irrelevant waffle you might leave out.


I would like to appeal this PCN on the basis that the contravention did not occur.

I am alleged to have parked more than 50 centimetres from the kerb. You will see from CEOs and my photographs that my car was parked perpendicular to the kerb, which is not prohibited, and is well within the 50 cm from the kerb with its rear bumper.

Your reply to my informal representation introduced a fresh allegation that I was double parked. However, the layout of this piece of ground clearly shows it is designated for multi-vehicle parking for the residential properties, with vehicles next to one another, and the only relevant kerb is the one I am up against with the rear bumper. There is no offence in parking perpendicular to the kerb, which is all I did.

I request that you give this matter a fresh and impartial consideration. I’m sure you will see that the evidence unequivocally demonstrates that no contravention has occurred and will therefore cancel this Parking Charge.


You can mention to them tribunal case    2240189683 from which they've clearly learnt nothing.

"The Authority's case is that the Appellant's vehicle was parked more than 50cm from the edge of the carriageway and not within a designated parking place when in Snowshill Road on 10 December 2023 at 14.32.

The Appellant denies the contravention.

I have considered the evidence in this case and I find that the Authority has not proved that the Appellant's vehicle was parked more that 50cm from the edge of the carriageway.

The reason being that I find that the Appellant's vehicle was parked in a car park where there is no carriageway.

The appeal is allowed."


IMO you have nothing to worry about
Just let us know when you receive the inevitable rejection and don't go jumping the gun and register an appeal at tribunal like someone else I'm helping has.

Re: Newham council, London , Contravention code 26, rejected informal appeal
« Reply #29 on: »
I plan to use the same for both PCNs, unless there are any grounds against them issue another PCN at 5:11, following the 1st at 22:35? Probably not, since it's technically the next day?
If your vehicle hadn't moved then you make a valid point; particularly as it was the same CEO.