3. PCN: FR6269160 - Contravention 624 Waltham Forest
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PCN: FR6269160 - Contravention 624 Waltham Forest
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Received a PCN

Link to PCN and Photos here:
 https://drive.google.com/drive/folders/10MXTSvGmgW2TW5ByuKhbmaY53XMwh0aI

Received on Davies Lane E11 in Waltham Forest on 14th July  (out of date Google Street View) here: https://maps.app.goo.gl/EFY86QQRA77haann9?g_st=ic

Appealing that this was not a pavement as there was no

- indicators it was a pavement
- no signs to say no parking
- no double yellow lines
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #1 on: »
DYL do not matter as pavement parking is prohibited in London by statutory regulation so no signs are needed but as you say it does not look like you may be anywhere else other than the carriageway.

Can you get some up to date photos of the location?
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #2 on: »
I’ll try and pass by tomorrow and take some photos
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #3 on: »
Hello

I won’t be able to get updated pictures and mindful that I’m hitting the 14 day 50% payment option by the end of this week.

Do I have grounds to appeal?
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #4 on: »
I'll draft something later. Photos are on the website link.
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #5 on: »
Self-evidently GSV shows that the council treated this area as being carriageway as recently as 2 years ago. Whether an area is deemed to be carriageway or footway is a matter of law, not surface treatment. The authority must therefore prove by way of council decisions that the legal status of this area has been changed and that it is now footway and not carriageway.
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #6 on: »
Is this my grounds for appeal above?
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #7 on: »
Dear Council

I challenge PCN as follows:

1. Contravention did not occur: The place I was parked is in my view carriageway.

2. Procedural Impropriety:

Furthermore, the PCN itself contains a procedural error that invalidates it. Schedule 2 paragraph 2 states
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

However, the PCN I received states that payment is due within 28 days from the date of service, not the date of the alleged contravention. This discrepancy constitutes a procedural impropriety that renders the PCN invalid.

In light of the above, please cancel the PCN

Registered Keeper

Address
« Last Edit: July 26, 2024, 04:07:24 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #8 on: »
Add GSV from 2 years ago and say that if your assertion as regards the status of this part of the road is incorrect and the council have changed its status from what was self-evidently carriageway, then the authority must provide proof(and not merely assert) to this effect e.g. decision of the Traffic Authority etc.
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #9 on: »
Kicking myself that I didn’t wait for your response BUT I did mention the GSV point as my reason

Hope that this is sufficient
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Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #10 on: »
Please show what you wrote.
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: PCN: FR6269160 - Contravention 624 Waltham Forest
« Reply #11 on: »
I chose the contravention didn’t occur

Gave below reason

Self-evidently GSV shows that the council treated this area as being carriageway as recently as 2 years ago. Whether an area is deemed to be carriageway or footway is a matter of law, not surface treatment. The authority must therefore prove by way of council decisions that the legal status of this area has been changed and that it is now footway and not carriageway.

Uploaded pics
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  3. PCN: FR6269160 - Contravention 624 Waltham Forest