3. RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
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RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
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As I returned home, I attempted to park within the Permit Holders Only Bay, however due to an inconsiderate driver who left over a metre in front of himself, I found my rear wheels over the double yellow.  As there was no other parking, I intended to move my car later (but forgot).  I found a PCN attached to my windscreen today.

Is there any grounds to appeal this, or should i just cut my losses and pay the fine.


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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #1 on: »
Read the guidance here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Then following those instructions, please post up the PCN and a link to the location on google street view.
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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: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #2 on: »
I read and followed the guidance,  and also attempted to attach using the attachments options link.. and it doesn't allow me to do so... really frustrating. Hoping the below works

https://drive.google.com/file/d/15tTE0QCCnfiXjAy0qu8uFTjXlnLJ--sl/view?usp=drive_link

Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · goo.gl
« Last Edit: June 30, 2023, 06:54:44 pm by cp8759 »
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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #3 on: »
You need to change the sharing settings to your google drive to public.

If you want to post an image directly on here, as the guidance says, you need to upload to imgur.com and then use the "add image" button, I even included a screenshot of the button you need to use.
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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
Sad Sad x 1 View List
Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #4 on: »
I think I have managed to attach it now

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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #5 on: »
The photos aren't online and they should be by now.

Please email suspension.dispensation@newham.gov.uk and cc anthony.Polston@newham.gov.uk asking for a copy of the CEO's photos.
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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: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #6 on: »
Thank you, that has been done.  Fingers crossed there aren't any  :)
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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #7 on: »
The photos have now been added  :-[

I have attached them

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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #8 on: »
Frankly, with one third of your car over the double-yellow line, overturning this PCN is going to be near to impossible, in my view, unless the DYLs themselves dont match the Traffic Order defining them.

I cannot see the council giving way, so you'd have to take them to London Tribunals with the full PCN penalty in play. AnNd if you do, I can't see a win. However, see what the others say, but don't miss any deadlines
.
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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #9 on: »
The TMO is The Newham (Waiting and Loading Restriction) Order 2011 but the relevant part of Schedule 1 does not show this restriction, which makes sense as Google Street View suggests these yellow lines were added at some point between 2014 and 2015.

I will therefore request the amending order from the council.

In the meantime, your best bet is to make a plea for discretion. Have you had any penalties from Newham before, and have any of them been cancelled?
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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: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #10 on: »
No, haven't had any PCNs cancelled by Newham before. It was silly, was meant to move the car but completely forgot.

Would you suggest putting in the appeal to highlight what happened in regard to being a permit holder??
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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #11 on: »
Start by writing a draft and put 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: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #12 on: »
Any views on the below?

I am writing to you in regard to a PCN (PN3610552A) received on the 30th June 2023.  I am requesting that you use discretion to cancel this ticket based on the following circumstances.  I am a resident living of Sebert Road where the ticket was issued. I parked my vehicle at the location on the 29th June in the evening.  The bay which is for 2 vehicles was occupied by a non-resident who had parked there vehicle in a way that left my rear tyres overhanging the bay.  Having my young child with me, and there being no other place to park, I parked as close to the vehicle in front as possible, with the intention to move once I had settled my child to bed. Having got him to bed, it completely passed my mind that the vehicle needed to be moved.  It was only in the afternoon as I was about to head out for work on the following day that I noticed the PCN had been issued.

As a Newham resident who pays for the permit to park on the street, I am requesting some discretion is used in regard to the above ticket.
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Re: RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #13 on: »
Yes that looks spot on.

Sending that via the council website on 13 July will see the discount re-offered and maximise the amount of extra time we get, so try and send it on that day (but it's better to be a day early than a day late).
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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: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line
« Reply #14 on: »
Thank you.. I'll set a reminder for the 12th July
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  3. RE: PCN, Newham, Code 01 parked in a restricted street, Sebert Road, Double Yellow Line