3. Newham, Parking PCN in restricted street
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Newham, Parking PCN in restricted street
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Hi there,

My vehicle was parked in a parking bay on Hermit Road just off Barking Road, Newham.

https://maps.app.goo.gl/moX9AvsAWyF3wqLk9

There was no sign on the section I parked in (it looks like it has been forcibly removed, please see images) but there was one further down (please see images)

Since there was no sign close by in that pay I could refer to, I parked my car there. Is this enough grounds for an appeal?

Otherwise, the PCN states I was parked from 11.36-11.46 - but the signage (30 min) on the other section says I could park for 30 min. However, I'm not sure if this needed to be paid or unpaid.

Please advise on what grounds I could appeal please.

Here's a dropbox link. https://www.dropbox.com/scl/fo/fg49cw1ncirq4aozxbdbz/AAcRzLPv414Op901pLoyYOk?rlkey=8mu7muf6b7ks60p1jzeer3tl1&st=hnqjepro&dl=0


Thanks
« Last Edit: June 28, 2024, 06:00:10 pm by Jazzydriver »
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Re: Parking PCN with no signage
« Reply #1 on: »
Read the 'Read this before posting' stickies (One on each forum) for how to attach images, no one will register to look at your pictures.
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There are motorists who have been scammed and those who are yet to be scammed!
Re: Newham, Parking PCN in restricted street
« Reply #2 on: »
Its their public shared folder they have put the pictures on no need to register
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Re: Newham, Parking PCN in restricted street
« Reply #3 on: »
Council photos:











Photo of missing sign:



@Jazzydriver well you have good grounds to appeal, it's a very long bay and there should have been a sign closer to where you parked. The council thought there should be one in the first place as there was one in 2018 https://maps.app.goo.gl/EH4DekYcWJtcbh848 and the council just never bothered to replace the old sign when it  went missing.

The representation can be quite simple and to the point:

Dear London Borough of Newham,

I was parked in a bay and could see no regulatory signage, so the effect of the relevant traffic management order was not brought to my attention and it follows that the alleged contravention did not occur.

I can see from the historic images on Google street view that there used to be a sign at this location in 2018 https://maps.app.goo.gl/EH4DekYcWJtcbh848 but by September 2020 that sign had gone missing, see https://maps.app.goo.gl/CMWNrkNncYrAsHSB8

I am surprised because I would have thought that the CEO's duties include reporting missing, defaced or damaged signs, and the sign has now been missing for a number of years. While there is a sign at the northwestern end of the bay, that sign is approximately 56 yards from where I parked and was not visible from where my vehicle was, so that sign cannot have been adequate for the purposes of regulation 18(1) of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 for vehicles parked at the southeastern end of the bay.

It follows that the contravention did not occur and the penalty charge must be cancelled. I trust you will arrange for enforcement to be suspended until the missing sign has been replaced.

Yours faithfully,


Make representations online at https://parking.newham.gov.uk/ and keep a screenshot of the confirmation page.
« Last Edit: June 30, 2024, 05:25:32 pm by cp8759 »
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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: Newham, Parking PCN in restricted street
« Reply #4 on: »
hello

thank you so much for this.

This is what I was thinking but you have articulated it much more clearly than I could have!

I'll send this off today!

Yours gratefully!
JD
 :) 
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Re: Newham, Parking PCN in restricted street
« Reply #5 on: »
Hi there,

Do I need to make a formal or informal appeal please?

Sharmila
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Re: Newham, Parking PCN in restricted street
« Reply #6 on: »
Quote from: Jazzydriver on July 02, 2024, 04:45:15 pm
Hi there,

Do I need to make a formal or informal appeal please?

Sharmila
Any "appeal" to a PCN served at the roadside to car or driver is called an "informal challenge".  Representations against postal PCNs and also Notice to Owner are called "formal representations".  The only place where appeals are heard is at the adjudicators, London Tribunals, (for London), and the Traffic Penalty Tribunal, (for England and Wales).
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Re: Newham, Parking PCN in restricted street
« Reply #7 on: »
thank you very much!

JD
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