Author Topic: Waltham Forest, Code 40 Contravention Parking in Disabled persons parking place, Clarendon Road E17  (Read 1675 times)

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They will probably reject but their reply could be interesting.

Hi @stamfordman and everyone else,

An update on the PCN - they rejected it! I've attached their response.

Your guidance on how to respond will be most appreciated.

Thank you very much.


They will probably reject but their reply could be interesting.

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They say you were in a row of disabled bays (plural) which aren't marked/signed and which looks like nonsense to me - it would be very unusual to see such a thing in residential street.

We can't see an order other than residents bays.

There's something odd about this but I would be inclined to go on to see if they can produce an order.

Thanks for taking a look at their response. I noticed that they did not respond to the point about there being no disabled bay in that location according to their own data.

I guess I should wait then until they issue their NtO to make a formal representation.

Thanks again - will update once that comes through.

You could email them and say that to consider your next step would they send the traffic order that makes a disabled bay at the exact location your car was parked.

Thanks for the suggestion - emailed.

Hi @stamfordman,

Hope you're keeping well.

I got a reply from Waltham Forest today, which I've attached. They don't seem to have really answered the question, at least that's what it seems to me. They have shared a pdf link for a Traffic Management Order dating back to 25th July 2019, which I have also attached.


In my email, I asked the following:

To whom it may concern,

I have received your letter rejecting my informal representation.

Before I decide on how to proceed, could you send the traffic order that makes a disabled bay at the exact location my car was parked as soon as possible.


In their reply, the wrote:

As the Traffic Management Order is a large document we are unable to include it in this letter, however, if you use the following link you can access and read it. https://store.traffweb.app/walthamforest/documents/parkmap/sched/2019%20No_71%20WL%20FPP%20Consolidation%20final.pdf


Tried to look at the traffic order website again, and found some reference to disabled bays and the following Traffic Management Order, published 14th October 2022 and to come into effect 17th October 2022 ( https://store.traffweb.app/walthamforest/documents/parkmap/sched/T30b(22)%20-%20Made%20Traffic%20Orders%20(TMO)%20-%20Dis%20Batch%2012b%20(PCL%205b).pdf ) but I can't make sense of it!

Copied below, however, is what I wrote in my representation, which also refers to the same date.
According to the Live Traffic Orders UK website, the location where my vehicle was parked, outside No. 28 Clarendon Road, is designated as a residents' bay, effective from 17/10/2022 to the present day. Additionally, The London Gazette (Notice ID: 4185144; Notice code: 1501, published 14 October 2022) confirms that the disabled bay outside No. 26 was formally removed under Schedule 2 of the Road Traffic Acts. This means that at the time of the alleged contravention, I was lawfully parked in a residents' bay, not a disabled bay as claimed.


Thanks as always!

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The traffic order is something we can download anyway from the traffweb site. The map tile just gives the pic below and you can see there is a disable bay outside no 12 as with the main map view.

But I would await the NTO.

As I said it can't be true there is a long extended disabled bay there with limited signage. And that bay outside 26 does look as though it was revoked. And you were outside 28. 


Thanks as always for the speedy response and guidance - much appreciated.

 

Hi @stamfordman,

Hope you're doing well.

I received a charge certificate in the post yesterday (attached), which said that a Notice to Owner had been sent on 14/04/25.

I didn't receive this in the post, but came to know that it had been sent when I checked the status of the PCN.

I sent Waltham Forest Council an email on 03/05.25 asking them to send me a digital copy of the Notice to Owner as I had not received it in the post.

The automated reply states, "This email will be logged on to the system and the PCN will remain on hold until we reply to you (this excludes appeals received at Warrant of Control stage. You will need to contact the relevant Enforcement Agency directly for assistance)."

I will give them a call on Monday to ask for the Notice to Owner to be resent so that I can respond to it.

What are your thoughts?

Thanks again!




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Are the name and address correct on the charge certificate.

The usual process is to wait for the order for recovery and then make a witness statement saying you didn't get the NTO, which will result in WF issuing a fresh NTO.

As you've been in touch you may as well see if they'll cancel the charge certificate and let you make reps but it's out of process.

Are the name and address correct on the charge certificate.

The usual process is to wait for the order for recovery and then make a witness statement saying you didn't get the NTO, which will result in WF issuing a fresh NTO.

As you've been in touch you may as well see if they'll cancel the charge certificate and let you make reps but it's out of process.

Hi @stamfordman,

Received a letter in the post (attached) saying that they cannot sent a copy of the Notice to Owner, but I have 28 days from the 14/05/25 - seems like they moved the date forward by a month.

I can send a representation by email and have a couple of days to do this.

Would you suggest repeating the same points made in the appeal, perhaps with the addition that WFC provided an older traffic order as evidence (2019) rather than the more recent changes introduced at the same place?

As always, your advice is much appreciated. Thank you!


[ Guests cannot view attachments ]

Are the name and address correct on the charge certificate.

The usual process is to wait for the order for recovery and then make a witness statement saying you didn't get the NTO, which will result in WF issuing a fresh NTO.

As you've been in touch you may as well see if they'll cancel the charge certificate and let you make reps but it's out of process.

Hi @stamfordman,

Received a letter in the post (attached) saying that they cannot sent a copy of the Notice to Owner, but I have 28 days from the 14/05/25 - seems like they moved the date forward by a month.

I can send a representation by email and have a couple of days to do this.

Would you suggest repeating the same points made in the appeal, perhaps with the addition that WFC provided an older traffic order as evidence (2019) rather than the more recent changes introduced at the same place?

As always, your advice is much appreciated. Thank you!


Hi everyone,

I'm considering replying tonight as follows. Any thoughts, as always, would be appreciated.

The bay in question appears to be a long, extended disabled bay with limited or unclear signage. Moreover, the markings outside number 26 suggest that part of the bay may have been revoked, and the vehicle was parked outside number 28, not within a clearly marked restricted area. I requested the relevant traffic order from Waltham Forest Council as soon as possible, and in response, they provided a Traffic Management Order dated 25 July 2019. However, according to the Live Traffic Orders UK website, the location outside No. 28 Clarendon Road has been designated as a residents' bay from 17 October 2022 to the present. Furthermore, The London Gazette (Notice ID: 4185144; Notice code: 1501, published 14 October 2022) confirms that the disabled bay outside No. 26 was formally removed under Schedule 2 of the Road Traffic Acts. This evidence clearly shows that, at the time of the alleged contravention, my vehicle was lawfully parked in a residents' bay—not in a disabled bay as claimed.

 

Sorry had forgotten about this one - I'll have a look later today.

The next document you will receive will be an order for recovery that will allow you to make a statutory declaration to the effect that you did not receive the NTO whatever else complete this, the OFR and CC will then be cancelled and the council will need to send you a new one regardless of the council acting out of process you follow the steps. or it will end badly