Author Topic: Southwark, parking code 01, East street opposite Morley’s  (Read 616 times)

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Southwark, parking code 01, East street opposite Morley’s
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I left my car for around 5 minutes to make a delivery to a shop on that street and I was given a ticket when I came back. The ticket says the officer only observed my car for 3 minutes and after checking Southwark councils appendix it says it must be observed for at least 5 minutes for parking contravention 01 whereas another one says it only has to be observed for 2 minutes. The links for these two documents are:
1) https://moderngov.southwark.gov.uk/documents/s6226/Appendix%202%20Annual%20Parking%20Enforcement.pdf

2)

https://moderngov.southwark.gov.uk/documents/s115707/Appendix%202%20-%20Parking%20contraventions.pdf

Furthermore, since I was unloading would they not to have observe me for at least 20 minutes. The problem is I don’t have any proof of loading as I was just completing a delivery. The street I was parked on is https://maps.app.goo.gl/TyL8LXX9u5zAayjx8?g_st=com.google.maps.preview.copy.
If the link doesn’t work you can type Morley’s Walworth in google maps and it will be the parking spot opposite the Morley’s. I have attached a picture of the pcn.

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Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #1 on: »
Please tell us more why you cannot provide proof of delivering goods.  Also the traffic order for the bays needs to be looked at to see if there is an exemption for loading.

GSV shows a yellow line at the kerb. This has its own restriction which is probably part of a CPZ, as I see no signs for it. The street is a typical Dog's Breakfast sign-wise, but the key is your loading as a reason for the PCN being cancelled. If loading is permitted at any time, then the traffic order should say so.  There are no kerb blips indicating a loading restriction.


Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #2 on: »
The signage may be defective - I think they need to put up yellow no waiting signs as the controlled zone hours are I think different from what the bay sign is saying. Or maybe the zone is not relevant given the sign includes a 'no parking' instruction which is not something we'd expect on a parking bay sign.

That the CEO took a pic of the bay sign and nothing to do with a yellow line contravention is telling.

They look to have moved the sign as it was here - you were also across two bays it seems, and it was late on in the day.

https://www.google.com/maps/@51.4889265,-0.0917075,3a,75y,336.15h,71.1t/data=!3m7!1e1!3m5!1sTAQ9P-fqsj8dhDkD92u2zA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D18.89974034139547%26panoid%3DTAQ9P-fqsj8dhDkD92u2zA%26yaw%3D336.1544617928352!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTEwNi4wIKXMDSoASAFQAw%3D%3D



« Last Edit: November 11, 2024, 10:36:38 pm by stamfordman »

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #3 on: »
Looking at the sign again, I think it is irregular and even unlawful. A parking sign is there to tell you when you can park. A Yellow sign above the white sign should have the times when parking is not allowed, and this should be the same as the yellow line.
So in my view the sign does not conform to the TSRGD 2016
https://www.legislation.gov.uk/uksi/2016/362/contents/made

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #4 on: »
I cant provide detailed proof of delivery, only a signed statement from the shop owner that I was delivering something because I don’t have the receipt anymore as it was all digital and I never saw it. I can however provide a signed statement from the shop owner/keeper saying I was delivering at that time. Also can you help me draft a response to your comment saying “ So in my view the sign does not conform to the TSRGD 2016”.
Also, do I have a point with the time observed being 3 minutes or not?
« Last Edit: November 12, 2024, 12:43:39 am by Yosias »

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #5 on: »
Can't see the PCN.

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #6 on: »
PCN is in my original post linked as an image

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Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #7 on: »
And you probably were parked on a yellow line between the bays. But is this really what the CEO believes....do they ****, if they did then they'd be no need for a photo of the parking traffic sign.

You need to draw them on this point and IMO at this stage do not mention loading because IMO this is immaterial as regards what is being claimed.

I parked in the parking bays as seen in the CEO's photos on Friday 8 Nov. I only intended to be there momentarily and did not consider that this was parking although I could see that this was written on the sign in evidence.

In any event, it's not possible to commit the contravention of parking in a restricted street within a parking bay and therefore the contravention is incorrect and the PCN must be cancelled.


What this is intended to do is to draw the authority on exactly what the basis is for the PCN.

1. If because the traffic sign says 'no parking', then apart from this not being a permitted expression which may be included within a sign(already mentioned by others), it cannot as a matter of law give rise to the cited contravention.

2. They're referring to the yellow line between the bays. Then you argue loading(you've already indicated that you were doing something with 'parked momentarily') and confusion because no there is no purpose in including the traffic sign in evidence.

3. They're referring to the yellow lines in the bays. In which case the sign in evidence does not convey this restriction and therefore it is not signed as required by LATOR.

Some thoughts.

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #8 on: »
Thank you, to clarify I should argue the signage isnt relevenat to the contravention code? Should I say anything about the time observed being under 5 minutes?

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #9 on: »
Observation time is not a grace period. In any case the latest from Southwark which you posed (from last year) says 2 minutes. It's just guidance to CEOs to see if any exempt activity is ongoing. If you feel they've not observed exempt activity then it's up to you to show the activity.

This challenge requires careful wording - Mr Anderson has given the idea but don't send anything without posting a draft here first.

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #10 on: »
This is not about how long you were there, it's about what underpins the CEO's thinking and at the moment we just don't know.

Was it the yellow line in the bay?
Was it the yellow line between the bays?
Was it 'no parking' on the traffic sign in the bay?

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #11 on: »
Why don't you draft a challenge HCA.

Only thing don't know is whether the OP was delivering anything that qualifies as loading.

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #12 on: »
Dear southwark council,

I am writing to challenge the PCN …. Because of

1. Defective/Non-Compliant Signage: The signage in question appears confusing and does not conform to the requirements set out in the TSRGD 2016. A parking sign is supposed to inform drivers of when parking is permitted. The inclusion of a “no parking” instruction on a parking bay sign is irregular and misleading, especially if it conflicts with the yellow line restrictions.
2. Incorrect Observation Period:
According to Southwark Council’s parking enforcement guidelines, a minimum of 5 minutes of observation is required for contravention code 01. The CEO’s observation period was only 3 minutes, which does not meet the required standard for issuing this PCN.

Given these points, I respectfully request that the PCN be canceled. Additionally, I would appreciate clarification on the specific basis of the alleged contravention.
« Last Edit: November 12, 2024, 04:38:27 pm by Yosias »

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #13 on: »
Dear southwark council,

I am writing to challenge the PCN …. Because of

1. Defective/Non-Compliant Signage: The signage in question appears confusing and does not conform to the requirements set out in the TSRGD 2016. A parking sign is supposed to inform drivers of when parking is permitted. The inclusion of a “no parking” instruction on a parking bay sign is irregular and misleading, especially if it conflicts with the yellow line restrictions.
2. Incorrect Observation Period:
According to Southwark Council’s parking enforcement guidelines, a minimum of 5 minutes of observation is required for contravention code 01. The CEO’s observation period was only 3 minutes, which does not meet the required standard for issuing this PCN.

Given these points, I respectfully request that the PCN be canceled. Additionally, I would appreciate clarification on the specific basis of the alleged contravention.
Don't forget about the delivery aspect, and get that letter from the place of delivery. I suggest you might outline how the delivery process works, if you have no paper-work backup.

Re: Southwark, parking code 01, East street opposite Morley’s
« Reply #14 on: »
Forget the observation time as I said.

The challenge needs to be better than this. No doubt one of us will do it for you.

And you do need to tell us about the delivery.