3. Parked in restriced hrs bus lane, Gants Hill, Redbridge
« previous next »
Pages: 1 [2] 3

Author Topic: Parked in restriced hrs bus lane, Gants Hill, Redbridge  (Read 3136 times)

0 Members and 56 Guests are viewing this topic.

Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #15 on: »
Hi All,

Redbridge has responded and has rejected the initial appeal.

Not sure where to go from here now?



« Last Edit: May 06, 2024, 01:58:11 pm by zeezee »
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #16 on: »
OP---stick with it.

Forget about the bus lane; the PCN is a Code 01 so is governed by the SYL and the sign.

Your Dad in displaying a BB and Clock had every right to park there and the Council are being disingenuous in saying otherwise.

Wait for the NTO and resubmit the same as an appeal.

Mike
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #17 on: »
OP, as you have time can we sort out who's who and what's what pl.

Your first post states that your Dad was driving, but subsequent posts refer to 'I' from which I infer you, not your Dad.

Who submitted the informal reps and to whom is the council's reply addressed?

This makes a difference because a NTO is sent to the registered keeper and only they may submit formal reps. So, who is the RK and are their DVLA details current?


The photos. Are these yours, the council's or a mix? As you've deleted the VRM we cannot look at the council's photos, you might reinstate the VRM as this will make life easier as the matter progresses. It is important that if there is a council photo(s) of the BB on the dashboard that we see this.

As regards any possible request for the CEO's notes under GDPR(I'll take advice as to whether this even falls within its scope because none of this could refer to an individual but rather an unnamed person or a vehicle), this could only refer to the driver and therefore if the RK was not the driver then they could not make such a request on the driver's behalf.

Just some details to be clarified before a NTO arrives.
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #18 on: »
@zeezee the rejection is nonsense, if they wanted to issue a bus lane PCN it would have been code 34 - being in a bus lane, and it would have been issued under the London Local Authorities Act 1996, not the Traffic Management Act 2004. The council cannot mix and match in this way.

However it would be useful to see the council photos so please give us the number plate.

The next step is to wait for the notice to owner.
Logged
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #19 on: »
Thanks all for the quick replies.

1. I have now edited the above letter to show the PCN details.
1. Yes, I can confirm, that he was driving and the letter was sent from his email addy with the reply (from the council) going to his home address. On this occasion, I was with him on the journey as a passenger.
2. He is the RK of the vehicle.
3. The photos were mine, but the council's photos are quite similar. (if you want me to post the council photos for ease, I can do so - not a problem).
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #20 on: »
There are the council photos, which show the the council's case is hopeless:













There's basically no way you could lose this: single yellow line with no kerb blips and a blue badge on display.
Logged
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #21 on: »
Thank you - that's exactly what I thought when he parked it there...

I suppose, untimely the question is - would the parking restriction signage (allowed parking in a bus lane only in specific times during the day) supersede the blue badge parking on a single yellow line?
« Last Edit: May 15, 2024, 09:50:40 am by zeezee »
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #22 on: »
Quote from: zeezee on May 15, 2024, 12:21:33 am
I suppose, untimely the question is - would the parking restriction signage (allowed parking in a bus lane only in specific times during the day) supersede the blue badge parking on a single yellow line?
No, because there's no kerb blips. With no kerb blips there's no reason for a blue badge holder to look at the signs.
Logged
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #23 on: »
Ok guys

My Dad received the nto.

should his reps be similar to his informal appeal?








« Last Edit: May 31, 2024, 12:40:54 am by zeezee »
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #24 on: »
@zeezee formal reps draft:

Dear London Borough of Redbridge,

The contravention alleged on the face of the notice is "01 - Parked in a restricted street during prescribed hours", however as the CEO's photos will confirm my blue badge was properly displayed. By virtue of regulation 8(2) of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000, a properly displayed disabled person's badge is a complete defence to the contravention alleged on the face of the penalty charge notice.

Your informal rejection is noted but the contravention alleged on the face of the penalty charge notice has nothing to do with bus lanes, and I am only required to deal with the allegation on the face of the penalty charge notice.

The CEO's photos confirms there are no loading kerb blips at the location where the vehicle was parked, so the blue badge is a complete defence to the matter alleged, it follows that the contravention alleged did not occur and the penalty charge must be cancelled.

The only real question is whether you wish to cancel it now, or whether you wish to incur a £25 tribunal fee in order for the tribunal to direct you to cancel the penalty, however should this become necessary i will contend it is wholly unreasonable for you to reject these representations and you should therefore also pay for my costs.

Yours faithfully,


Again don't forget to take a screenshot of the confirmation page.
Logged
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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #25 on: »
Thank you

I'll get that appeal in now.
« Last Edit: June 04, 2024, 02:06:30 pm by zeezee »
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #26 on: »
Hi Guys

Looks like Redbridge finally responded with looks like a generic kind of reply.

here is the response. :(



Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #27 on: »
Is there anything additional I can do to convince the council that they have made a clear mistake in giving the PCN?
Logged
Optimistic Optimistic x 1 View List
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #28 on: »
Quote from: zeezee on July 16, 2024, 10:40:19 am
Is there anything additional I can do to convince the council that they have made a clear mistake in giving the PCN?
No, they've given their response to your formal representations, and have demanded the full £130, so it is now a total no-brainer to take them to London Tribunals as the penalty remains the same and there are no additional costs to pay.
Logged
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
« Reply #29 on: »
Thank you.

Apart from being allowed to park on a single yellow line (displaying a blue badge) even in restricted times (via a bus lane) - what other arguments can he derive from this situation when drawing up the appeal to the Adj?
Logged
Pages: 1 [2] 3
« previous next »
  3. Parked in restriced hrs bus lane, Gants Hill, Redbridge