Author Topic: Newham - Green St Parked in a loading place or bay during restricted hours without loading  (Read 401 times)

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zincy

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Hello all,

My uncle parked in a loading bay on Green St (Newham) and found the signage confusing.
The PCN was given 10 minutes before the loading only time lapsing and the parking time starting.

The place the contravention took place is here
https://goo.gl/maps/J4eFHBRU9SGd8ffn9

The PCN is here
https://drive.google.com/file/d/1yqmjcCLUR0ANT0ADRqiUqi60QYk5guhj/view?usp=sharing

The timeplate is here
https://drive.google.com/file/d/1SBOCMEU1XQPsOJ2uoDsYkGzGtMjukWFi/view?usp=sharing

I would be grateful if you could advise if there are any grounds to appeal this PCN?

Thank you
Zincy

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Incandescent

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Well, first question has to be why did he park there ? If he was loading/unloading there was no contravention.

If not doing the above, he appears to be bang-to-rights on the contravention, but lots of things can make a PCN void such as errors of content, so please post up the back of the PCN.

I see no legislation and regulations listed at the top of the PCN either. Is the PCN photo exactly as you received it ?

cp8759

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Well there's a blue badge on display and BB holders can park in loading bays:





Draft reps:

Dear London Borough of Newham,

As the CEO's photos show, a blue badge was properly displayed on the vehicle, it follows that the alleged contravention did not occur.

Yours faithfully,
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

zincy

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Dear CP and all,

My uncle received the attached from Newham.

I assume that we should wait for the notice of owner?

cp8759

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Yes, just wait for the notice to owner and let us know when you get it.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

zincy

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Yes, just wait for the notice to owner and let us know when you get it.

Hi CP - please find attached as requested.

lexy

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You sure about blue badges being allowed in loading-only bays? It didn’t sound right so I looked it up, and every council policy seems to be the opposite, even Newham’s:

https://www.newham.gov.uk/health-adult-social-care/accessible-transport/2

zincy

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Hey all,

Any idea on what response I can draft to the NTO please?

cp8759

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Draft reps:

Dear London Borough of Newham,

You have stated in your informal rejection that "Blue badge holders are not permitted to park in a loading bay", this is not correct. I refer you to the following tribunal decisions:

Cassidy on behalf of Cassidy v Kirklees Metropolitan Council at LINK1
The review decision in Cassidy on behalf of Cassidy v Kirklees Metropolitan Council at LINK2
Karen Lewin v Kent County Council (with Canterbury CC) at LINK3
Anthony Granville Clarke-Grenfell v Devon County Council at LINK4

In light of the above the PCN must be cancelled.

Yours faithfully,

I will PM you some links to replace LINK1, LINK2, LINK3 and LINK4, they will redirect to here, here, here and here but if you give them the links I'll PM you, we can use the click count to confirm whether they've looked at them or not (obviously do not click on the links I PM you as we want the click count to remain at zero). If they don't click on them, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.
« Last Edit: December 21, 2023, 05:23:29 pm by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

zincy

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Hi CP

Newham wrote to my uncle with the attached.
Strange.

The owner is his wife but he was driving at the time and the blue badge is under his name.

Please advise?

Incandescent

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Who was driving is irrelevant, the decriminalised legislation for parking and traffic enforcement makes the owner assumed as the keeper on the V5 Registration Certificate, responsible for paying or appealing a PCN. Hence their letter.  Your wife can sign an authority for you to act for her.  The old Biblical thing, (Genesis 2.24) doesn't apply to UK law, I'm afraid !

zincy

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@cp8759 hi CP
I was wondering if you could kindly take a look at this and advice?

cp8759

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@zincy what Incandescent said is correct. Either the registered keeper makes representations herself, or she confirms in writing to the council that she authorises her husband to make representations on her behalf.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

zincy

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Thanks, I'll ask my uncle to ask his wife to write to Newham confirming that she gives authorisation for her husband to represent her.

Hippocrates

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ZX1011007A (I was involved with this one and a few others)

Traffic Penalty Tribunal England and Wales
Review of Adjudicator's Decision

and
Shropshire Council

Penalty Charge Notice ZX1011007A £70.00

Decision revoked and appeal allowed on the ground that the Council does not contest the appeal.

I direct the Council to cancel the Penalty Charge Notice and Notice to Owner.

Reasons -

ZX1011007A By a Decision made after a personal hearing dated 17 August 2010 the Adjudicator Clifton Barker Dismissed the Appeal.
I allowed the application for review and gave directions that the question of whether there is an exemption for disabled badge holders in a loading bay should be dealt with as a preliminary point.

The Council having considered the position where there have been conflicting decisions of adjudicators in previous cases and considering the circumstances of this particular case have decided that they no longer wish to contest the review and invite me to direct them to cancel the penalty charge notice on this basis.

I understand that the appellant in his email of 1 October wished the review to go ahead in the interests of justice on the point of the exemption for disabled badge holders even if the Council did not wish to contest the review. I have read and considered that email as well as the rest of the appellant's correspondence.

Acting in the interests of justice includes acting proportionately in any particular case. The issue of whether there is an exemption for disabled badge holders in a loading bay is an important one, but it cannot be right or proportionate to decide a point which could potentially have much wider significance in a case where the Council do not wish, on reflection, to pursue the penalty charge notice. If I were to come to a decision on the point my decision would effectively be reached either without submissions from the Council or by forcing the Council to make submissions which they did not want to make. I am sure the point will fall for decision at some stage, but any decision will be much better informed if made
after reading or hearing submissions from an appellant and a Council who both wish to contest a review or an appeal on this point.

Anna-Rose Landes
Adjudicator
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"