Author Topic: Brixton Resident Parking Contravention - Lambeth Council, Code 12, Rushcroft Road  (Read 1131 times)

0 Members and 267 Guests are viewing this topic.

Hello,

I was wondering if I could please get advice and guidance on appealing a parking contravention on Rushcroft Road Brixton - Lambeth council for retrospectively parking on residents permit.

I had parked on Rushcroft Road at 19:15 (highlighted in orange on the attached image). Directly on the opposite side of where I had parked, the resident permit was 8:30am to 6:30pm. Slightly ahead of where I had parked (on the right hand side of the attached image circled in green), the sign said resident permit from 8:30am to 8:30pm which I believe is why I had been issued a ticket - but where the confusion lies is that there was another sign, about the same distance behind me (on the left hand side of the attached image circled in green) stipulating resident parking was from 8:30am to 6:30pm.

I was issued the parking ticket at 8:25pm.

There were also no markings on the floor to indicate that this was a new parking zone.

I quickly took a picture of the sign but couldn’t get a picture of my car as I felt the area was unsafe and there was someone who appeared to be following me.

Any help on how I can appeal this would be great.

Thanks very much.

[ Guests cannot view attachments ]
« Last Edit: October 22, 2023, 11:02:21 am by muchveggie »

Share on Bluesky Share on Facebook


Have a read of this
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/

For meaningful advice you need to ppost up both sides of the unredacted PCN, any Council photos (can take a couple of days to appear on the Council website) and a GSV link to the location.

Hello,

Thanks for your response.

Contravention code: 12

GSV location:
https://maps.app.goo.gl/4NJ55eBrRzMjWB3N6













[ Guests cannot view attachments ]
« Last Edit: October 22, 2023, 07:11:26 pm by cp8759 »

Re: Brixton Resident Parking Contravention - Lambeth Council, Code 12
« Reply #3 on: »
I had to go back on GSV to 2018 to find it; the divider between the two bays: -
https://maps.app.goo.gl/E9WT1w2vdJvJ4yoD6
As you can see, it is very worn. This plus the stupid way the signs have been installed gives you a fairly good case to present at the adjudicators. Similare cases have won in the past.

Where there is a situation like this, the two signs should be mounted on a single pole side by side at the dividing line, preferably with arrows to indicate applicability.
« Last Edit: October 22, 2023, 07:11:52 pm by cp8759 »
Like Like x 1 View List

The 28 days is wrongly expressed. The adjudicator agreed with me in case 2230423809 last week. Should be 28 days from date of alleged contravention. For free representation email mrmustard@zoho.com
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Brixton Resident Parking Contravention - Lambeth Council, Code 12
« Reply #5 on: »
I had to go back on GSV to 2018 to find it; the divider between the two bays: -
https://maps.app.goo.gl/E9WT1w2vdJvJ4yoD6
As you can see, it is very worn. This plus the stupid way the signs have been installed gives you a fairly good case to present at the adjudicators. Similare cases have won in the past.

Where there is a situation like this, the two signs should be mounted on a single pole side by side at the dividing line, preferably with arrows to indicate applicability.


Thanks for your response. Would you recommend a specific way for my to write my challenge on this PCN e.g. citing laws etc. ? Any help would be much appreciated!
« Last Edit: October 22, 2023, 07:12:16 pm by cp8759 »

The 28 days is wrongly expressed. The adjudicator agreed with me in case 2230423809 last week. Should be 28 days from date of alleged contravention. For free representation email mrmustard@zoho.com

Thanks for your reply! It says on the PCN '28 days beginning with the date on which this penalty charge notice was served' - isn't that the same as what you state of 28 days from the date of alleged contravention? I don't quite understand what the difference in wording is.

and that is why you come to FTLA.

This case on Barrie's site is an analagous situation

https://www.appealnow.com/parking-tickets/moses-barnet-parking-tickets/
« Last Edit: October 22, 2023, 04:21:23 pm by mrmustard »
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Thanks for your reply! It says on the PCN '28 days beginning with the date on which this penalty charge notice was served' - isn't that the same as what you state of 28 days from the date of alleged contravention? I don't quite understand what the difference in wording is.
I strongly recommend you take up Mr Mustard's offer.

I would also suggest it would be worth getting a photo of the bay divider marking, you can see here https://maps.app.goo.gl/RtxnK2aNNkQscp1SA that is was very worn some 3 years ago, and it could well have disappeared entirely in the meantime.
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

and that is why you come to FTLA.

This case on Barrie's site is an analagous situation

https://www.appealnow.com/parking-tickets/moses-barnet-parking-tickets/

Thanks Mr Mustard! I have sent my informal challenge citing the traffic code and how it states that two different parking bays should have two signs side by side, with arrows pointing in the direction of the respective bays. As well as the signs/time plates were not sited in line with the transverse lines separating individual spaces to emphasise that a particular sign does not apply.

I'll keep updates on whether this appeal is accepted or rejected.

Have you kept a copy and did you get a receipt/acknowledgement?

Have you kept a copy and did you get a receipt/acknowledgement?

Yes, I've received the email of acknowledgement! fingers crossed.

My response was:

I am writing to challenge the alleged PCN based on the grounds that the contravention did not occur due to the lack of clear signage differentiating the resident permit parking restrictions. At 19:15 on 20th October 2023, I had
parked my vehicle on the basis that the resident permit restriction was only applicable from 8:30am to 6:30pm - this time plate was in very close proximity (as shown in attachment 3) to where I had parked my vehicle. Directly
opposite my vehicle, on the other side of the road, the same parking restrictions applied from 8:30am to 6:30pm (attachment 2). At an approximately equal distance from my vehicle as the 8:30am to 6:30pm time plate, there was another time plate with a parking restriction change from 8:30am to 8:30pm, however the changeover of this parking restriction was not clearly indicated; at the time I had parked the vehicle, there was an existing vehicle
which was parked, covering the lines separating the road's different parking restrictions, and this therefore was not visible to me at the time. The proximity of the two different time plates is shown in attachment 1.
Given that two different parking bays (one restriction from 8:30am to 6:30pm and the other from 8:30am to 8:30pm) are side by side, two signs side by side, with arrows pointing in the direction of the respective bays should have been, but were not shown. Furthermore, the signs/time plates were not sited in line with the transverse lines separating individual spaces to emphasise that a particular sign does not apply and in the instance of this case, where a vehicle had covered the floor marking, there was no way in knowing that a different
parking restriction applied - this opposes guidance and laws outlined in the Traffic Code.
On the ground of there being a lack of clear signage separating two different parking restrictions with no combined sign at the changeover point as stipulated in the Traffic Code, the PCN contravention did not occur.
« Last Edit: October 24, 2023, 10:57:26 pm by muchveggie »

I got a response back from Lambeth council which I have attached where I don't even think they read what I had written!

Is it worth progressing this further or just paying the PCN?

[ Guests cannot view attachments ]
« Last Edit: November 10, 2023, 01:12:51 pm by muchveggie »

OK, we just wait and do it all again later once you have a Notice to Owner.

Many of my battles are third round knockouts rather than stopping the opponent in round 1 (the one you just fought) or round two (Notice to Owner)
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Like Like x 1 Agree Agree x 1 View List

Hello,

Just received my Notice to Owner... do your recommend I put down exactly what I put in my initial representation?