Author Topic: NTO Newham 01a blue badge  (Read 65 times)

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Fazzy

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NTO Newham 01a blue badge
« on: October 19, 2023, 09:26:04 pm »
Bringing it over from here http://forums.pepipoo.com/index.php?showtopic=151789&st=0&gopid=1796226&#entry1796226


Hi all,

I canít find any of my previous posts- Iím not sure if itís a glitch or if itís all been deleted. I had previously posted this windscreen ticket of my sister/BILs. I was advised to wait for the NTO and go to tribunal.

Iím attaching the old PCN again plus the NtO and also posting advice which was received in the previous post thatís gone awol.

All the pics of initial PCN, pictures of the scene, rejection letter and the NTO:

https://ibb.co/album/8YqbRT
https://ibb.co/album/dG3FWd


OP----I would continue because the Council's response is unreasonable and they haven't look at the photos.

Let's have a quick review of your case:-

Blue Badge holder parking on a Sunday;
Penalty Code 01a ---parking in a street subject to a temporary traffic order (TTRO);
The area of work is shuttered off and there is no work on Sunday(by Council's own policy);
The TTRO states the restricted area is between lamposts 15 and 17;
OP parked slightly beyond lampost 15 into the restricted area.

So the grounds of appeal fall to two considerations:-

1) Legitimate Expectation

I had a legitimate expectation that I could park in that bay because the working area was completely shuttered off and no work would take place on a Sunday. These are the Council's environmental protocols:- https://www.newham.gov.uk/public-health-saf...olition-sites/1

This is the key enforcement photograph:- https://imgbb.com/ck54gBS

2) De Minimis

The area affected by the TTRO restrictions was between lampost 15 and lampost 17.

I agree I parked slightly beyond lampost 15 which, for some reason, had not been enclosed by the shuttering thereby giving me the impression that the bay was not part of the TTRO restriction. Given the Council's photos my vehicle was some 50cm beyond lampost 15 but before the shuttering. This is clearly a case of de minimis and it would be unfair/unsafe for the Council to pursue this matter.

I haven't included anything about how the Council deals with someone who is disabled but it's obvious that they shirk their duty under EQ legislation to give extra careful consideration to such cases

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Fazzy

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Re: NTO Newham 01a blue badge
« Reply #1 on: October 19, 2023, 09:27:43 pm »
[quote name='MMV Redux' date='Thu, 19 Oct 2023 - 09:26' post='1796218']
Wow! that NTO is late--just within the time allowed for issue.

OP----HCA's ground is the strongest----you cannot get a Code 01 PCN for parking on a yellow line with a Blue Badge if the clock was set correctly.

The Council are trying to finesse a parking suspension contravention which is wholly unreasonable.

If you like I will write you a "kitchen sink" appeal which covers everything members have supplied. It should be signed by the owner/keeper of the vehicle i.e. the NTO addressee.

If that appeal is rejected I am willing to represent you at the Tribunal at no cost.

Mick
[/quote]

Fazzy

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Re: NTO Newham 01a blue badge
« Reply #2 on: October 19, 2023, 09:28:42 pm »
[quote name='hcandersen' date='Thu, 19 Oct 2023 - 14:05' post='1796249']
Good choice.

At its simplest level - which is usually the right level for EA officers - either:

1. The contravention grounds are correct and in accordance with the prevailing restriction(and therefore meet regulatory standards), or
2. The contravention grounds are incorrect and do not accord with the prevailing restriction.

If 1, then the display of a valid BB with clock in the correct position is an exemption and the contravention did not occur.

If 2, then the grounds in the PCN are incorrect but none the less these are the only grounds upon which the authority is demanding a penalty. And 1 demonstrates that the display of a BB etc. is an exemption.

What the authority want to do is rewrite history. They know that the CEO made a mistake by using code 01 because this is not the restriction imposed by the order, rather this is:

'No person shall enter or cause to enter, park or remain in roads mentioned in the schedule of roads below..at such times as appropriate traffic signs are displayed...' (I think the council meant 'no person shall cause a vehicle to enter..', people as such don't park, they stand or sit).

It therefore follows that the authority cannot now dismiss representations made upon legitimate grounds simply because the CEO made a mistake and they think a different contravention was committed!
[/quote]

MMV Redux

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Re: NTO Newham 01a blue badge
« Reply #3 on: October 20, 2023, 01:26:50 pm »
My mistake it wasn't on a yellow line but the point made is still valid.

Here's my draft for the OP:-

Code 01 Appeal: Priory Road, Newham

This appeal relates to PCN number PN35614550 Dated 23/04/2023 against VRM: KM72HJV

The appeal is in four parts, but each part is predicated on errors made by the Enforcement Authority.

1. Circumstances

Driving into Priory Road there were no signs indicating the whole area was covered by parking restrictions indeed there was a line of parked vehicles on the side of the street where I parked. I believed that with the works shuttering in place I had a legitimate expectation to park in the spot I chose with my Blue Badge on display. There was an advance warning sign next to the shuttering but no prescribed. parking suspension sign.

2. The Contravention Did Not Occur.

The Authority has issued a Code 01 contravention which relates to ďParked in a restricted street during prescribed hoursĒ but has attempted, in itís rejection letter of 22 June, to conflate this contravention with a parking suspension.

The display of a valid BB with the clock in the correct position is an exemption to a Code 01 contravention so it is difficult to determine how the Authority can enforce a penalty charge.

The Authority has not specified a Code 21 Parking Suspension contravention on the PCN so again it is difficult to determine how it can enforce such a restriction. If it were to continue this line it should be pointed out that, regardless of the red roundel, the advance warning sign cannot substitute for the Authorityís suspension sign approved by the DfT on 22 March 2012. In this respect I refer the Authority to the Tribunal Decision Reference 2160447106 (Saiyid Noor v London Borough of Croydon.

3. Legitimate Expectation

I contend that I had a legitimate expectation to park in that position given the following reasons:-

a. The shuttering indicated that the rolling programme of water mains renewal had been completed;
b. Under the Authorityís noise and environmental protocols no works would be carried out on a Sunday  https://www.newham.gov.uk/public-health-saf...olition-sites/1
c. The effects of the Order expire once works have been completed;
d. There was no apparent parking suspension for that bay.

4. Other Matters

I would argue that the issue of an NTO six months after the PCN puts me in a prejudicial situation and that, as you are dealing with a disabled person, the Authority has failed in its duty to act fairly because of this unconscionable delay. I therefore request the Authority to exercise its discretion and cancel this PCN. I trust the Authority will have regard to my disability and their statutory obligation under the Equality Act 2010 to take my disability into account when considering this appeal. If the Authority decide not to cancel I require it to fully explain why it thinks my rights under the Equality Act 2010 do not merit cancellation of the penalty charge.

Yours


Mike
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Fazzy

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Re: NTO Newham 01a blue badge
« Reply #4 on: October 22, 2023, 01:22:51 pm »
Thank you. Hopefully all sent off now.

Incandescent

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Re: NTO Newham 01a blue badge
« Reply #5 on: October 22, 2023, 06:05:17 pm »
Don't forget if they kick it into touch, what the Statutory Guidance says about service of the Notice to Owner.
https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

Quote
"The NtO may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is 6 months [footnote 33] from the Ďrelevant dateí. There should be a very good reason for waiting that long to serve an NtO"

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cp8759

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Re: NTO Newham 01a blue badge
« Reply #6 on: November 20, 2023, 11:14:47 pm »
Well guess what:

Request
I hereby request the following information in relation to The London Borough of Newham, Thames Water Mains Rehabilitation Scheme - E16 Area (Temporary Prohibition of Traffic), Order 2022:

1) A copy of the actual Temporary Traffic Regulation Order (this is not to be confused with the Notice of Making, the statement of reasons or any other document), in PDF format with searchable / selectable text, inclusive of all schedules;

Response

We do not have an order as specified above as the E16 area so therefore cannot supply this information.


They might decide not to pursue this after all.
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 am not a lawyer.

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