3. RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #15 on: »
Quote from: Iaali2 on July 08, 2024, 12:10:04 am
Other than the sign being obscured by the branches and her understanding the area was free for 30 minutes. She was with our elderly mother.
There was nothing other than that.
Where was she accompagning her elderly mother to or from? Does the mother have any medical conditions? Does she have difficulties walking?
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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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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #16 on: »
She accompanied her to the shops I believe, whilst she has no medical conditions to provide her with a blue badge, she would not have been able to carry the shopping home herself. Which is why she was in the car.
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #17 on: »
Adding on behalf of my sister, she received a PCN whilst parked in what she thought was free parking 2 hours no return.  The reason she didn't pick it up was the signage was slightly obscured by branches of an overgrown tree, amd she just saw the bottom. The next bay was also marked 30 minutes no return.

??

Not according to 2 years-old GSV which shows the bay is next to a Disabled bay on one side and double yellow lines on the other!
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #18 on: »
Quote from: Iaali2 on July 08, 2024, 08:48:33 pm
She accompanied her to the shops I believe, whilst she has no medical conditions to provide her with a blue badge, she would not have been able to carry the shopping home herself. Which is why she was in the car.
Any medical conditions unrelated to blue badge eligibility? Was the shopping pre-ordered?
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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: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #19 on: »
No, nothing major other than slight asthma or blood pressure.
The food wasn't pre-ordered I believe. But was a quick stop.
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #20 on: »
@Iaali2 are you in a position to go and get a video showing the distance between the car and the sign?

I've had a possible idea but you must act quickly, as the deadline to make representations is 1st August.
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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: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #21 on: »
@cp8759.cp8759@gmail.com
@cp8759 


There was a big lorry in front of the sign this morning.. but my sister took a video


https://drive.google.com/file/d/1aQTC-fNJepdkMvcFwgEHytOIgK3J3VNl/view?usp=drivesdk

Not sure this helps??
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #22 on: »
@Iaali2 the video looks fine but do you have a higher resolution version? I thought it would take up a lot more space than 20 MB?
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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: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #23 on: »
@cp8759
@cp8759.cp8759@gmail.com

I think that was just the quality of her camera phone unfortunately.  Plus I think it's just because it's a short video??
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #24 on: »
@Iaali2 can she get a high definition video over the weekend?

My dashcam videos are 340MB per minute.
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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: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #25 on: »
@cp8759.cp8759@gmail.com
@cp8759

I just took this with my phone.  Quality should be better.  Hopefully it's what you're looking for?

https://drive.google.com/file/d/15URuE6KB545_H456ZTVX6I8U4EBggJJv/view?usp=drivesdk
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Re: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #26 on: »
@Iaali2 you'll have to put the video on a CD or a DVD and send it to the council in the post together with the following representation:

Dear London Borough of Newham,

I rely on my informal representations in the first instance.

I further challenge liability on the ground that the alleged contravention did not occur owing to the signs being obscured by foliage. At the time of the alleged contravention the regulatory sign for the bay was obscured by branches and leaves, it is obvious from the enclosed video that the council has since attended to prune the foliage.

If the council has gone as far as pruning the vegetation then the council must have accepted there was a need to do this, as it is hard to imagine the council would spend scarce public funds on anything unless it is absolutely necessary.

If you are minded to reject this representation, please would you provide the logs of any maintenance carried out at this location since the data of the alleged contravention.

Yours faithfully,

You probably want to send this by special delivery to ensure it gets there on time.
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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: RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road
« Reply #27 on: »
OP, you can only do your best..

..but IMO temper your expectations!

Every contemporaneous photo, both your sister's and the CEO's, shows the location of the sign clearly and once this is known then the driver's duty is to read. IMO, an adjudicator would not find otherwise.

And the tree concerned isn't a street tree, it stands on private property, so be prepared for a 'not the council we don't keep records  of treatment of trees on private property.
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  3. RE: LB of Newham, Code 12 - Parked in Zone without Valid Permit, Claremont Road