3. PCN 01 Parking at single yellow line on Bank Holiday Newham
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #30 on: »
Hi everyone,

any help what with the official representation will be much appreciated, otherwise probably i have to pay the increased rate of the fine, as I don't have much experience dealing with such a cases.
Today is the final day for representation or payment btw.

Thanks in advance
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #31 on: »
Today is the final day for representation or payment btw.

No. The rules are that reps should be made no later than the end of the period of 28 days beginning on the date of service of the NTO.

NTO dated, and posted, 24 July;
Deemed served: 26th, which is day 1.
Day 28: 22 Aug.

You can make reps online using the web code in the NTO, so you could go to 22nd.
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #32 on: »
Thanks for your reply @H C Andersen.

What should i include in my representation, how to form it and what evidences or supporting documents should I attach or include to it?
Is there something like a template that i can follow related to my case or similar one?
thanks in advance 
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #33 on: »
Hi again to everyone,

I would need advice on how to appeal to the London Tribunal about my PCN issue.
Please see the letter of correspondence from the Newham council. Any advice will be appreciated.

As the letter was sent on 06.09.2024 do you know by any chance when is the deadline date that I could respond?
Thanks in advance.


P.S. Link with the letter as again I was unable to upload pictures.
https://imgur.com/a/jWCVkId
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #34 on: »
NtO dated 6 Sept - 28 days from date of sevice - I make it today is the last day to pay or appeal.

Register the appeal tonight - even if you lose the appeal you will still  only have to pay the £130 due tonight instead of the £195 if you take no action today.

You can register the appeal online - opt for personal hearing.

Not sure what will be your reasons to persuade the adjudicator to allow the appeal??

Please post a copy of your rejected reps.









« Last Edit: October 06, 2024, 08:55:17 pm by John U.K. »
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #35 on: »
Thanks for the quick response @John U.K.

what is the reason for choosing a personal hearing over a postal one?

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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #36 on: »
Because deciding on papers alone, the adjudicator cannot ask for clarification on any points. More paper decision appeals  fail than personal. Personal hearings can be in person or by telephone.

Also by registering tonight you will buy more time to see how good your case is . . .

Please also attend to
Quote
Not sure what will be your reasons to persuade the adjudicator to allow the appeal??

Please post a copy of your rejected reps.
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #37 on: »
Thanks @John U.K.

See my letter to the Newham council below, can that be used for the London Tribunal, or need to be something different?
I'm a little bit concerned about what Grounds of Appeal to use...
Thanks in advance for any help with this :)
-----------------------
Dear Sir/Madam

Subject: Penalty Charge Notice  PN38651553  dated 06.05.2024
reg RE12NHG

I write to you in respect of the above Penalty Charge Notice issued to my vehicle which was issued for the alleged reason - Parked in a Restricted street during prescribed hours.

I wish to appeal it as the contravention did not occur for the following reasons:

The car was parked on a bank holiday when restrictions for parking were not clearly shown by signage. The Newham website states, "The restrictions for yellow lines can be found on time plates by the side of the road". On that particular street, there aren't any signs stating any information about parking on bank holidays for either parking bays or single yellow lines. If Restrictions don't apply to parking bays on a Bank holiday but apply to single yellow lines there should be clear signs stating that difference.

All signs need to be clearly visible and to prescribed criteria so motorists can make an informed decision. If a sign is obscured and unclear, it cannot be said that the car park/road was adequately signed. I therefore cannot be found guilty of the alleged contravention.
I enclose photos and supporting evidence to support my appeal for consideration.

I look forward to receiving confirmation that the ticket has been canceled within 28 days.
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #38 on: »
See what others say, but personally I think your chances of success are slim.

Under Grounds of Appeal try writing something like Full grounds to follow on receipt of Council's Evidence Pack.
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #39 on: »
@bono_01 I'm happy to represent you at the tribunal, with Newham cases I can usually find something worth arguing and as others have pointed out, you can't end up any worse of by appealing. I'll drop you a PM.
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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: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #40 on: »
Did you register an appeal?
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #41 on: »
Hi @John U.K., yes I did it with big assassistance of cp8759. So I will keep you posted if any news comes up.
Thank you for the very quick responses last night.
Best Regards
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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #42 on: »
You can add in this - fettering discretion. Meaning of course they can cancel. Especially as they sympathise.

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Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #43 on: »
Outcome:

1. The Appellant is appealing a PCN issued in respect of parking on a restricted street during prescribed hours at the location.
2. The Appellant is represented today by Mr Murray-Smith, who has attended by telephone.
3. The Enforcement Authority relies upon the contemporaneous evidence of the Civil Enforcement Officer, a copy of the PCN, a copy of the relevant legislation and correspondence.
4. Mr Murray-Smith contends that there is no evidence of any signage relating to the yellow line restriction.
5. I have carefully considered all the evidence in this matter.
6. The CEO's photographs show the vehicle to be parked on a single yellow line at the location. The CEO appears not to have taken any photographs of relevant signage, and therefore the restriction relied upon is not readily evidence from these photographs.
7. The EA has provided library photographs dating back to 2022. These show a multi-vehicle bay, adjacent to which is the signage which governs this bay. There is a yellow line running through the bay, which has been removed subsequently and is not present in the photographs taken by the CEO.
8. The signage relied upon by the EA relates to the multi-vehicle bay. There is no evidence before me as to the yellow line restrictions, either by way of signage at the location, or Controlled Zone entry point signage.
9. I cannot be satisfied as to the details/hours of the yellow line restriction at the location.
10. I therefore allow this appeal.

Philippa Alderson
Adjudicator
11 November 2024
2240450943
PN38651553
« Last Edit: November 13, 2024, 12:53:26 am 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: PCN 01 Parking at single yellow line on Bank Holiday Newham
« Reply #44 on: »
So Newham messed up its evidence. You're right (some) councils have got lazy about evidencing CPZs.
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  3. PCN 01 Parking at single yellow line on Bank Holiday Newham