Free Traffic Legal Advice

I need advice on two PCNs I got issued by Newham Council, London on the same night (at 22:35 and 5:11).

The contravention stated: 'Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking space.'

See photos in - https://www.dropbox.com/scl/fo/mo550rgn68rfpn67xclvy/ACGZkjH-YiJQ6wUD3OeC3n0?rlkey=pluxsknl09mr0d8hr64ta2xqd&st=kot70fr9&dl=0.

See location: https://maps.app.goo.gl/XsMNtfXdgnZghL439

I have sent informal appeals for both tickets saying no contravention has occurred as my car is less than 50cm from the kerb and that there are no lines drawn designating parking spaces, so I couldn’t have been out of boundary. Also in the appeal for the 5 am ticket I have stated, the simple fact that I was in bed at 10 pm when both of these tickets were issued and was not able to move the car when the 1st ticket was issued.

They have rejected my appeal by sending me copy/paste letters stating the actual reason was that I double parked another vehicle
There was only one car in the vicinity that could be seen as blocked by my car and actually, when I was removing the tickets from my car, my neighbour pulled his car back to that same spot - a Black Toyota Prius LO08 HXV). So in fact he wasn't blocked as he was able to get out and back in. It's a subjective judgement of the traffic officer, which was wrong and it's his word against mine.

I've read that parking more than 50cm away from the kerb classifies you as double parked. I think it's pretty clear that my car is less than 50cm from the kerb, but unfortunately, I didn't think of taking a photo with a tape measure. I included a photo with tape measure of my tyre diameter for scale and also a photo to show how far is 50cm from the kerb. I think from those it's pretty clear my car is within 50cm from the kerb.

I should also mention that before going to bed I saw another car parked opposite mine (spot 3 on annotated photo) which was in fact blocking three cars: my car, my neighbour’s car mentioned earlier and another car (cars 1,2,4). I don't have a photo of this vehicle as it was already gone in the morning when I realized I got a ticket. This blocking vehicle has also received a ticket so the council must have photos taken by the traffic warden.

I'd be very grateful for your advice on this matter.

Should I try and take this further with a formal appeal? For which tickets and what should I state in appeals? Would a written statement from my neighbour saying that he was able to move his car be of any significance here?

Please let me know if I can provide any more information.

Kind regards,
Blaz


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It is so blatantly obvious the contravention did not occur, if they are obdurate and you have to go to adjudication, demand costs.

Sorry.....literally at the same time as Incandescent. Didn't see.

Thanks to both!

Ahh sorry missed it - it's also in the Dropbox now.

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'Be careful as if Newham can get a tow truck in there they'll whip your car off to the pound...'


Look at the times - 22:35 and 5:11. I was unconscious.

I do get what you mean. I moved it as soon as I saw the ticket of course.

'I would wait for the NTOs for both.'

   Will do!


'Are you the registered keeper and is the v5C logbook address correct.'

  Yes to both.


'As this high stakes - £260 - wait for other views but the second one cannot stand whatever.'

  Thank you, you've been very helpful!

Yes, any other views on this are welcome and much appreciated. 

DO NOT give up with this.
Newham are notorious for not understanding the alleged contravention.

I'm happy to represent you at tribunal if it gets that far (and probably will)