3. PCN for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
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PCN for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
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Hi

I received a PCN on Millais Road in Leyton (Waltham Forest)

"11u Parked without payment of the parking charge"

images of the PCN here
https://imgur.com/a/sKf51VN

I'm a resident of the area and live round the corner, I was renting a zipvan to collect some things for my baby and initially parked behind the zipvan in a residents bay for the same zone (LNS) I have a permit for. There was a connection issue with the zipvan/app while I was trying to unlock it so I moved my car opposite the van to get closer. I didn't realise this was a paid bay, and not a shared use one.

This is the location:
https://goo.gl/maps/3yPSr8b7XCPL4rum7
(apologies it's a little hard to see in detail as there's a lorry parked in streetview). Here's the council photo of the sign from their evidence:
https://imgur.com/a/b3rfVQZ

Do I have any grounds for appeal?

Thanks in advance.
« Last Edit: July 29, 2023, 06:05:57 pm by cp8759 »
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Re: PCN for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
« Reply #1 on: »
You need to give us the number plate so we can look at the council photos please.
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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 for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
« Reply #2 on: »
here's the pics (hope its ok I took number plate out)

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Re: PCN for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
« Reply #3 on: »
one last pic - plus the photo of the sign I included in the first post above

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Re: PCN for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
« Reply #4 on: »
Traffic order: https://store.traffweb.app/walthamforest/documents/parkmap/sched/2019%20No_71%20WL%20FPP%20Consolidation%20final.pdf
Map tile: https://store.traffweb.app/walthamforest/documents/parkmap/msched/DG46_rv5_1.pdf
Map tile legend: https://store.traffweb.app/walthamforest/documents/parkmap/sched/MAP%20SCHEDULE%20LEGEND%20LBWF_eff%2025_07_2019.pdf

I cannot see any obvious statutory ground of appeal, so all you can do is make a contrite plea for discretion explaining what's happened and asking the authority to show leniency on this occasion.

You get two shots, one at the informal stage and one at the Notice to Owner stage, and there's no risk in having a go because as long as you make representations within 14 days, the discount will be reoffered.

If the council makes a procedural mistake at either stage, that could provide a statutory ground to appeal to the tribunal.

In the first instance I suggest you draft and informal representation and post it on here for review.
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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 for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
« Reply #5 on: »
thank you - sorry I didn't see a notification for your latest reply - something like this or do I need to lay it on thicker somehow?



I'm a local resident and have a residents permit for the LNS zone (which covers practically all the bays on Millais road) and parked in the paid bay by accident believing it to be shared use with residents permit. I would appreciate if you could consider cancelling the PCN with this in mind.

 
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Re: PCN for "parked without payment of the parking charge" E11, resident parked in paid bay, Waltham Forest
« Reply #6 on: »
If you click the "notify" icon below, you'll get an email notification whenever someone replies.

I think you should add a bit more about how you are a permit holder and this was an innocent mistake. If it's the first PCN you've had from this authority, point that out as well.
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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
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