Author Topic: Tower Hamlets PCN Brady St code 01  (Read 21377 times)

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Tower Hamlets PCN Brady St code 01
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Good evening everyone.

I sadly got a ticket on my windscreen today. We parked on a pay and display with a blue badge, which allows unlimited parking. As a result, I did not display the clock. The thing I didn’t know was that after the hours of enforcement (0700-1900) it changes to an enforced single yellow line from 1900-0700. We parked at around 1730 and by the time we came back at ~1940, I was greeted with a ticket on my windscreen. Do I have a case to fight considering the confusing hours of enforcement? Had I known, I would’ve just displayed the clock with it and I still would’ve been within the 3 hours. I feel the two different rules for one spot is very confusing.


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Images of PCN and sign post

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https://ibb.co/LzFtLjB


Any help would be greatly appreciated.
« Last Edit: February 26, 2025, 08:58:15 pm by Jamran »

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Re: Tower Hamlets PCN Brady St code 01
« Reply #1 on: »
Quite a few people get caught out by these hybrid bays, where there is a sign and a marked bay with a yellow line by the kerb. The yellow line is meant to alert you that there is a restriction outside the hours on the sign. Normally there would be a yellow sign at the top of the pole with the "No Waiting" sign, plus the days and hours restricted, placed above the parking sign. However, this location may well be in a Controlled Parking Zone, so I suggest you look on the TH website for a map of their CPZs.

One could say by not having the yellow sign at the top, they have failed in their LATOR Regulation 18 responsibility, but arguments like this usually end up at London Tribunals. Submit reps anyway, point out your are a BB holder so would have been exempt from the yellow line, and your total parked time was well within the time allowed.

Re: Tower Hamlets PCN Brady St code 01
« Reply #2 on: »
It is indeed in a CPZ. Weirdly enough, the  timings for its zone (A3) is 0830-1730. I think just this small stretch of street is 0700-1900. There’s no mention of it in the website

Where you can park and the controlled parking times
towerhamlets.gov.uk


Also, it does have the yellow “no waiting” sign.


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« Last Edit: February 26, 2025, 10:21:50 pm by Jamran »

Re: Tower Hamlets PCN Brady St code 01
« Reply #3 on: »
Too much signage = confusion.
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Re: Tower Hamlets PCN Brady St code 01
« Reply #4 on: »
Do you think I’ve got a chance?

Re: Tower Hamlets PCN Brady St code 01
« Reply #5 on: »
IMO, no on this point.

The driver holds a licence and is presumed to know what the combination of parking bay markings AND yellow line means. All they were expected to do when consulting the traffic sign was establish the detail KNOWING that there was a waiting restriction and parking restriction. Nothing else on the post bears upon this issue.

The analysis starts with the yellow line, which is clear.

But views differ.

Re: Tower Hamlets PCN Brady St code 01
« Reply #6 on: »
Your best bet is to say you usually display your parking clock when parking on yellow lines but because you parked when it was a pay and display you didn't think it was necessary but realise that as the bay turned into a no waiting restriction the clock was necessary.
But as the PCN was issued early into what would have been a 3 hour exemption and you returned shortly after its issue you trust that the council would kindly exercise discretion as the blue badge was clearly displayed as shown in the CEO's pictures.

You have three other outstanding PCNs showing with Tower Hamlets including one from last May - is this still live?








Re: Tower Hamlets PCN Brady St code 01
« Reply #7 on: »
Your best bet is to say you usually display your parking clock when parking on yellow lines but because you parked when it was a pay and display you didn't think it was necessary but realise that as the bay turned into a no waiting restriction the clock was necessary.
But as the PCN was issued early into what would have been a 3 hour exemption and you returned shortly after its issue you trust that the council would kindly exercise discretion as the blue badge was clearly displayed as shown in the CEO's pictures.

You have three other outstanding PCNs showing with Tower Hamlets including one from last May - is this still live?


No. It’s not live anymore. Not sure why it’s still showing.  Thanks

Re: Tower Hamlets PCN Brady St code 01
« Reply #8 on: »
Just received their response, and as expected, they’ve rejected it.

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Re: Tower Hamlets PCN Brady St code 01
« Reply #9 on: »
What was your challenge. The rejection is just a template.


Re: Tower Hamlets PCN Brady St code 01
« Reply #10 on: »
What was your challenge. The rejection is just a template.



Essentially what you advised. Explained the whole confusion and also the fact that the 3 hours hadn’t elapsed etc.

Re: Tower Hamlets PCN Brady St code 01
« Reply #11 on: »
Any issues with the response? Do I have chance at NTO or even with with adjudicator?

Re: Tower Hamlets PCN Brady St code 01
« Reply #12 on: »

Responses to informal reps count for little in the grand scheme of things IMO.

Here's the legal bit:

.....

(2) An order to which this regulation applies shall include an exemption from the prohibition in accordance with whichever of paragraphs (3) and (4) is appropriate in favour of any vehicle displaying a disabled person’s badge in the relevant position.

(3) Where the period of the prohibition does not exceed 3 hours the exemption shall be for the whole of that period.

(4) Where the period of the prohibition exceeds 3 hours [as here]the exemption shall be for a period of 3 hours subject to the conditions that–

(a)the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day;

(b)a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.


Whether the council have transposed this into their traffic orders correctly, who knows? But if they have then there is no exemption simply based upon how long you've parked and by what means this could be proved, the law requires the 'parking disc' AKA clock to be displayed.

Re: Tower Hamlets PCN Brady St code 01
« Reply #13 on: »
Just received the NTO

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Re: Tower Hamlets PCN Brady St code 01
« Reply #14 on: »
Can anyone advise on their response please?