Author Topic: Newham - Liberty Bridge Road - CC25 Parked in a loading bay without loading  (Read 108 times)

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Glitch

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Playing Whack a Mole with family friend's traffic woes  ::)

He admits to taking a risk to leave his van here to attend a meeting, so not holding out much hope.

Location - GSV - Liberty Bridge Road


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Incandescent

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So he parked within the "Loading Only" times.  Presume he chanced his arm and lost !  As far as I can see the PCN is OK. The regulations surrounding this are: -
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
and
https://www.legislation.gov.uk/uksi/2022/71/regulation/11/made

There may be a "technical" defence but I'll defer to the experts on this one. Sometimes we find there is no Traffic Regulation Order or it is different to the sign, so if this is the case there is no contravention.

Glitch

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Thanks @Incandescent
You are right. He took a risk. Only hope is a technical issue, as you've pointed out.

Glitch

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Should he just pay this?

cp8759

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Should he just pay this?
@Glitch well no, we don't know if there is a valid traffic order for this bay.

Just put in a one line representation saying that the contravention did not occur, and in the meantime I'll make some enquiries.

Also please confirm if the vehicle is leased or hired, or whether your friend owns it and has the V5C.
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. Notwithstanding this, I voluntarily apply the cab rank rule.

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

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@cp8759 Many thanks. I'll put the appeal in.

It's his own van. He has the V5C.
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cp8759

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I've got the traffic order: The Newham (East Village) (Loading Bays) (No. 1) Order 2015

Unfortunately I need to go back to get the amendments.
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. Notwithstanding this, I voluntarily apply the cab rank rule.

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

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Rejection recieved.

Quote
Traffic Management Act 2004
 London Borough of Newham
 Parking Correspondence
 PO Box 71575
 London E6 9LY

 Date 08 June 2024
 
Penalty Charge Notice (PCN) Number: PN38485068

Date and Time of Contravention: 18 April 2024 at 09:47 Location: Liberty Bridge Road,
 
VRM: MP19BOV

 Dear Mr XXXXXXX
 Thank you for your correspondence received on 02 May 2024 regarding the above
penalty charge notice (PCN). Your comments and the notes of the Civil Enforcement
Officer (CEO) have been considered.

 Your vehicle was observed at 09:40 Parked in a loading place or bay during
restricted hours without loading in Liberty Bridge Road.

You have stated that the contravention did not occur.

 The sign next to where your vehicle was parked showed loading only Mon-Sun 8
11am. This means that during the times stated, you can only park to load/unload.
 
The CEO observed the vehicle and they did not witness any loading activity therefore
the vehicle was parked illegally. The PCN was subsequently issued.
 
It is the responsibility of the driver to be aware of the restrictions that operate in the
areas they choose to drive and park. The driver must keep a proper lookout, check
signs and ensure that they adhere to the restrictions.

You can view evidence of this contravention online at
www.newham.gov.uk/parking-permits/parking-enforcement-fines/4 by clicking
‘View and Challenge your PCN here’, then ‘View a PCN’. You will be required to
enter the PCN number and the vehicle registration number.
 
In conclusion, having taken all aspects of this matter into consideration, no
justification for cancelling the penalty charge notice has been found.
 
The discounted payment of £65.00 will be accepted in full and final settlement if paid
not later than the last day of the period of 14 days beginning with the date of service
of this letter.
If payment is not received within this time, the full penalty amount of £130.00 will
become payable.
 
Payment should not be made if you wish to pursue this and want to make formal
representation, as payment is seen as an acceptance of liability and will close the
case.
 
If payment is not received as detailed, I shall assume that you wish to pursue the
matter and shall arrange for a Notice to Owner to be sent after the period of 14 days
to the registered keeper of the vehicle so that formal representations may be made.
 
Should these be rejected, the registered keeper of the vehicle will then be offered the
opportunity to appeal to the Environment and Traffic Adjudicators. I should point out
that, should you decide to take this course of action, after the discount period has
expired, you will forfeit the right to pay the Penalty Charge at the lower rate and the
full charge of £130.00  will be due.
 
If you are not the registered keeper of the vehicle for example the vehicle is a
company or lease/hire vehicle, or being used with the owner`s consent, I suggest
you advise the keeper that a Notice to Owner will be issued.
 
Please note that Newham Council is unable to consider any further correspondence
at this stage regarding this penalty charge notice.
 Payment can be made as follows:
 Online: Visit www.newham.gov.uk and follow the payment links.
 By telephone: Call 020 8430 2000 and follow the instructions giving the penalty
charge number and your credit/debit card number when requested. This automated
payment line is open 24 hours a day. Please note we do not accept American
Express/Diners Card.
 By post: Cheques, postal orders or bank drafts should be made payable to `London
Borough of Newham`. Please write the PCN number and the vehicle registration
mark on the back and send it to: London Borough of Newham, Parking
Correspondence, PO Box 71575, London E6 9LY.
 Yours sincerely
 Customer Relations Team
 Highways & Traffic Management
 Environment & Sustainable Transport
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Hippocrates

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Please note that Newham Council is unable to consider any further correspondence
at this stage regarding this penalty charge notice.

WHY?
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"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ

Glitch

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Please note that Newham Council is unable to consider any further correspondence
at this stage regarding this penalty charge notice.

WHY?

Seems a bit strange but I guess there expectation is either, pay up or, wait for the NoR and in the meantime don't bother us.

Do they have a legal responsibility to enter into any further correspondence?

cp8759

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Do they have a legal responsibility to enter into any further correspondence?
Whether they do or not, failure to do so has never been accepted by the tribunal as a ground of appeal, so while some members like labouring the point, I see entering into further correspondence as nothing more than a waste of time.

I'd suggest just waiting for the notice to owner.
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. Notwithstanding this, I voluntarily apply the cab rank rule.

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