Author Topic: PCN - Loading Bay - Code 25 - Newham  (Read 625 times)

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PCN - Loading Bay - Code 25 - Newham
« on: »
Date of notice : 21/08/23
PCN : PN36504729
Vehicle registration: OU56FEK

Hi,

I got a PCN on the beginning of Gower Rd, Forest Gate, Newham. I parked there in the night. The beginning of Gower Rd has parking restrictions between 8 and 11 am and you can only park there if you're loading. However along with the loading information on the signpost you will also find the normal parking restriction hours and this says 11am. It's a bit unclear to me. According to the bottom I can park there before 11am but the loading information says I can't. It's all confusing to me.


I'll post the images so others can see. Please help.

This is the link for the images:

https://ibb.co/6tFxPbQ   (My PCN ticket)
https://ibb.co/fdfr4yG
https://ibb.co/3dfnjvH
https://ibb.co/tbJXdXw

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Re: PCN - Loading Bay - Code 25 - Newham
« Reply #1 on: »
https://drive.google.com/uc?id=1HOrYPHV6sikQSl-SHXfVpY4TyZE3sMcb

Blue badge exemption in a loading bay should apply.

Wait for other views.

Mike

Re: PCN - Loading Bay - Code 25 - Newham
« Reply #2 on: »
I don't think the vehicle had a blue badge displayed. The registration mark is coming up as a skoda which is not pictured in the links. I assume they were taken after the ticket was received and the skoda moved elsewhere.

Re: PCN - Loading Bay - Code 25 - Newham
« Reply #3 on: »
In that case the OP has no exemption, the sign is perfectly clear and understandable, so payment at the discount is recommended.

Mike
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Re: PCN - Loading Bay - Code 25 - Newham
« Reply #4 on: »
If you weren't loading at the time then you should pay at the discounted rate.

Re: PCN - Loading Bay - Code 25 - Newham
« Reply #5 on: »
Why was the car parked there?

If there's no real excuse, make a plea for discretion and in the meantime I'll get hold of the traffic order.
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 - Loading Bay - Code 25 - Newham
« Reply #6 on: »
It was parked overnight. I did plan to move the car at 8 because normally that's when parking time starts.

I'm sorry what do you mean by discretion?

Re: PCN - Loading Bay - Code 25 - Newham
« Reply #7 on: »
I'm sorry what do you mean by discretion?
The council has a power to cancel a penalty even if a contravention has clearly happened, and they are under a legal duty to consider doing so if you ask them. The point is explained in detail in Susan Cook v Trafford Borough Council (TR 05993K, 25 January 2013).

A good example is here http://forums.pepipoo.com/index.php?s=&showtopic=139486&view=findpost&p=1638489 but obviously you can't make stuff up, you can only advance mitigating factors that actually apply to your case. Factors such as it being a first contravention, being unfamiliar with the area etc are all worth mentioning if they are applicable to you.
« Last Edit: August 27, 2023, 05:33:34 pm by cp8759 »
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 - Loading Bay - Code 25 - Newham
« Reply #8 on: »
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