Author Topic: PCN contravention 165  (Read 861 times)

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PCN contravention 165
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I received a penalty charge notice for parking in a dedicated disabled bay without permit, my street has permit holder hours of 8 to 6.30pm.

I parked my car overnight in the disabled bay, the PCN was issued at 5.31am.

There are no timings stated on the disabled bay sign.

Is there a way I can appeal to the council.

The PCN has been issued in Newham Council.

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Re: PCN contravention 165
« Reply #1 on: »
No timings on a bay sign means it applies 24x7.

Here is the location: -
https://maps.app.goo.gl/5FfvnABbPRtTF2A68

Are you a resident on this street ?
The other bays, (resident permit),  are indeed only 8am to 6.30 pm, so why not park there, or were they all full ?
« Last Edit: May 01, 2024, 09:30:14 am by Incandescent »

Re: PCN contravention 165
« Reply #2 on: »
Yh I am resident on the street, all other bays were full :(
We hardly have any residents bay after 9pm.

Re: PCN contravention 165
« Reply #3 on: »
It is an unfortunate fact that there is just not enough street space to allow every car to park overnight !

I would suggest submitting an informal challenge stating that you are a resident on the street concerned and hold a resident permit, but returning home on the day in question, was unable to find a resident space, they were all taken. Point out that this is the first time you have received a PCN for this offence, and it won't happen again.

Post up their reply when you get it. Dependin on their reply further advice can be given as to whether to pay or wait for the Notice to Owner, and submit a formal representation.

There is Statutory Guidance on parking enforcement under the Traffic Management Act 2004, so have a read here: -
https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

Councils must have regard to this guidance
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Re: PCN contravention 165
« Reply #4 on: »
@DIP181394 did you see the sign at the time?

Also why didn't you park on the single yellow?
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 contravention 165
« Reply #5 on: »
The sign which says Disabled Resident Permit Holders Only is IMO not a traffic sign which can be enforced.

This is what I posted in a similar Newham thread:-

The TSRGDs ( https://www.legislation.gov.uk/uksi/2016/362/schedule/4/made ) indicate:-

1. “Disabled badge holders”;

2. “Disabled badge holders only”;

3. “Disabled badge holders only at all times”;

4. “Disabled badge holder” and a permit identifier; or

5. “Disabled badge holder only” and a permit identifier

The latter two are used when there is a dedicated individual disabled space for an individual user as indicated by the word "holder" (singular not plural).

See their approval for this sort of sign here:-

https://assets.dft.gov.uk/trafficauths/case-3311.pdf

There is no provision for the words "Resident Permit Holders" in the TSRGDs and the Council would have to get DfT permission to use it----they haven't:-

https://www.dft.gov.uk/traffic-auths/?search=newham

Ergo the signage is invalid and unenforceable IMO.

And that's without going into the legitimacy of general disabled bays for residents only which, to me, is discriminatory and against equality legislation.

Mike
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Re: PCN contravention 165
« Reply #6 on: »
@DIP181394 are you still with us?
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 contravention 165
« Reply #7 on: »
@cp8759

I did see the bay marked as disabled and the sign board but since it didn’t have any time restrictions i assumed the usual 8-6.30 mon to sat applies.

The street has bay marking throughout only part that has single yellow line is in front of driveways.


Re: PCN contravention 165
« Reply #8 on: »
I take it you don't have a blue badge?
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