Author Topic: Redbridge PCN code 86 out of bay  (Read 3031 times)

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Redbridge PCN code 86 out of bay
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My daughter parked in a Redbridge country car park at Fairlop Waters.

She tells me that she reversed in between two parked cars and thought it was a space. When the other cars had gone she is clearly outside the marked space because the other cars were too (although not a useable excuse)

The car park is operated by Ring Go. The signage says that cars must not be parked on yellow lines, pavements, grassed areas or passing bays and must not cause an obstruction. There is nothing about parking in individual bays.

The car park is not designated on Redbridge's TMO plan so I'm not sure what legislation demands that parking in a bay is required.

The PCN has been issued by Redbridge.

Is this an arguable case?

(It's always my daughter giving me these headaches!)

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Re: Redbridge PCN code 86 out of bay
« Reply #1 on: »
For meaningful advice please have a read of
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/

and post up both sides of the unredacted PCN and a GSV link to the location.

Re: Redbridge PCN code 86 out of bay
« Reply #2 on: »

This is the google street view link

https://maps.app.goo.gl/hxH3W7qCSd8wQjxV6

This is the pcn

https://1drv.ms/i/s!AgBjZaEfjV0Ru21TWOCQ2vsQsSRm?e=c5JFsJ

The only TMO I can find is the Redbridge (Waiting, Loading, Stopping and Street Parking Places) Consolidation Order 2021.

However, this does not appear to cover off street parking such as Fairlop Waters, so what legislation forces a driver to park within a parking space?




Re: Redbridge PCN code 86 out of bay
« Reply #3 on: »
The rest of the PCN please.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Redbridge PCN code 86 out of bay
« Reply #4 on: »
That's all my daughter sent me. I'll ask her for the reverse.

But what relevance is anything on the reverse to my question?

Re: Redbridge PCN code 86 out of bay
« Reply #5 on: »

Re: Redbridge PCN code 86 out of bay
« Reply #6 on: »

However, this does not appear to cover off street parking such as Fairlop Waters, so what legislation forces a driver to park within a parking space?

There will be a traffic order, you just haven't found it. Standard practice is for the order to be referenced on the same noticeboard which states that cars park wholly within bays.  GSV doesn't help here, it's 5 years old.





Re: Redbridge PCN code 86 out of bay
« Reply #7 on: »
Thank you H C Andersen for alerting me to that.

Here is the signage

https://1drv.ms/i/s!AgBjZaEfjV0Ru3TkiDnTT7xWTluR?e=cXoXkn

This makes reference to the London Borough of Redbridge (off street parking places) Order 2013 as amended. I've trawled through the internet but can't find it. Does anyone have access to it please or know where I can find it?

It also shows the "regulations" the breach of which gives rise to a PCN. As I've previously mentioned, these do not include parking properly in bays. Should they for it to be enforceable?



Here is the photo showing my daughter's car being parked outside the bay. She reverse parked between two other cars and didn't even see the marked bay at the time as it was hidden.

https://1drv.ms/i/s!AgBjZaEfjV0Ru3UrtRFh5r_mrQ00?e=WuEI5Y



Re: Redbridge PCN code 86 out of bay
« Reply #8 on: »
Any further thoughts on my question?

Re: Redbridge PCN code 86 out of bay
« Reply #9 on: »
I propose the following representations, any comments or suggestions please?

PCN No AF
Reg No
These are my representations against the above PCN
I reverse parked between two other cars and did not realise that my wheel was over the white line as I thought it was a parking space. When I returned to my car, the other cars had gone, revealing that my wheel was over the line.

At present, I do not believe that the PCN should have been issued.

I paid for a valid parking session within the instructions given on the tariff/ parking signage.

The regulations shown on the signage state:

“No parking on red or yellow lines, pavements, grassed areas or passing bays. Vehicles must not cause an obstruction. Failure to comply with the above will result in a PCN being issued”

There is nothing on the signage which requires cars to be parked properly in marked bays failing which a PCN will be issued. I therefore followed the regulations.

The signage also states that the car park is subject to the London Borough of Redbridge (off street parking places) Order 2013.

I have been unable to locate a copy of this order. It does not exist anywhere on the internet, it is not on the LBR website, I have contacted both the LBR offices and the central library at Ilford, neither of whom have a copy.

There is also a telephone number on the signage which states:
“For all enquiries please contact Vision RCL 020 8500 9911”
This gets you through to the boathouse at Fairlop Waters and they have no clue about the parking arrangements for the car park. Totally misleading.

I respectfully request that, as there appears to be nothing which directs a driver to park within the marked bays, the PCN is cancelled.

If you decide not to accept my representations, I require you to send me a copy of the aforementioned Order so that I can decide whether to appeal.

H T

Re: Redbridge PCN code 86 out of bay
« Reply #10 on: »
There have been a few cases on here recently where it was found the Traffic Order did not exist, so worth checking. No Order = No Contravention

Re: Redbridge PCN code 86 out of bay
« Reply #11 on: »
@Staygulf the order is The London Borough of Redbridge (Off-Street Parking Places) Order 2013 as amended by The London Borough of Redbridge (Off-Street Parking Places) (Amendment No, 2) Order 2013, The London Borough of Redbridge (Off-Street Parking Places) (Amendment No, 1) Order 2016 and The Redbridge (Off-Street Parking Places) (Amendment No.2) Order 2017

The council photos do not prove any contravention at all, as they don't show any signage whatsoever (you do not want to alert the council to this deficiency in their evidence):













In these circumstances less is more, as you don't want to make any unnecessary self-incriminating admissions. I'd suggest a much shorter representation which the council is unlikely to give any proper consideration to, but that will be clear to the adjudicator:

Dear London Borough of Redbridge,

I challenge liability because nothing put the driver on notice as to the effect of article 8(1)(b) of The London Borough of Redbridge (Off-Street Parking Places) Order 2013, and in such circumstances the alleged contravention did not occur.

Yours faithfully,


Send this via the council website and make sure to keep a screenshot of the confirmation page.
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: Redbridge PCN code 86 out of bay
« Reply #12 on: »
Thanks for that @cp8759.

Just to be clear, are you saying that reference on the pay meter to the Order is not enough, they have to include a reference to parking within bays specifically?

Re: Redbridge PCN code 86 out of bay
« Reply #13 on: »
Just to be clear, are you saying that reference on the pay meter to the Order is not enough, they have to include a reference to parking within bays specifically?
I'm not sure what you mean by "that reference on the pay meter",  but the council is under a duty to put signs up that tell you what the effect of the order is. If the order says to park only in marked bays, there need to be signs that tell you that, because when you park your car you're not going to look up the order (which isn't easy to find anyway) and start reading through a 20 page legal document.

Any instructions on the pay and display machines are irrelevant because the signs say that parking for blue badge holders is free, so a blue badge holder would have no reason to go and look at the pay & display machines.
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: Redbridge PCN code 86 out of bay
« Reply #14 on: »
@cp8759 what I meant was that the Order is mentioned on the pay meter and thus drawn to the attention of the driver. But I agree that no one would know what is in the order when parking and your point about the blue badge had crossed my mind.

I assume that the council will reject the reps, as they normally do, and we will then have to decide whether to take it to appeal. What do you think the chances are of a win?